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NORTH CAROLINA 

REGISTER 



I 


VOLUME 12 • 


ISSUE 23 • Pages 2086 - 2189 




A 


'i 


June 1, 1998 




■} 




IN THIS ISSUE 


' \\ 

■5, 5; '■ 




/^/ :^ 


Executive Order V\ 
Administration "-s^^ \\ 
Administrative Hearings, Office of \\ 






4 V 
\ < 

1 i 


Chiropractic Examiners \ | 
Cosmetic Art Examiners ^ 1 : 
Dental Examiners 

Environment and Natural Resources 
Health and Human Services 


\ 1 - 




U 


Insurance 


■L 1 .^/ 




W 1 


Justice // 


:-- i 




Vv\ % \\ it 


Labor ,7 , 


7 a/ 




'^sf ■;;;/^ ^.^■^^■^^. 


Mortuary Science ,,, 

Nursing, Board of 
Opticians, Board of 


/// 




't^- 








Pharmacy 
1 Physical Therapy Examiners, Board of 
Public Education 






\ 


Real Estate Commission 






^v*^H,* 


Revenue 






■■"■ ^ "^ 


Secretary of State 
Transportation 
Veterinary Medical Board 
Contested Case Decisions 






PUBLISHED BY 








The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 


1 JUN 1 7 1998 






Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 


1 KATHRINE R. EVERETT 





This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its ( 
components, consuU with the agencies below. The bolded headings are typical issues which the given 
agency can address, but are not inclusive. 



Rule Notices, Filines, Register, Deadlines, Copies of Proposed Rules, etc. 



Office of Administrative Hearings 

Rules Division 

Capehart-Crocker House 

424 North Blount Street ;. • 

Raleigh, North Carolina 27601-2817 

contact: Molly Masich. Director APA Services 
Ruby Creech, Publications Coordinator 



(919)733-2678 
(919) 733-3462 FAX 

mmasich@oah.state.nc.us 
rcreech@oah. state. nc. us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

1 1 6 West Jones Street 

Raleigh, North Carolina 27603-8005 

contact: Mark Sisak, Economist III 
Anna Tefft, Economist II 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenwood Ave., Suite 159 
Raleigh, North Carolina 27605 

contact: Joe DeLuca Jr., Staff Director Counsel 
Bobby Bryan, Staff Attorney 



(919)733-7061 
(919) 733-0640 FAX 

msisak@osbm. state. nc. us 
atefft@,osbm.state.nc.us 



(919)733-2721 
(919) 733-9415 FAX 



Legislative Process Concerning Rule Making 

Joint Legislative Administrative Procedure Oversight Committee 

545 Legislative Office Building 

300 North Salisbury Street (9 1 9) 733-2578 

Raleigh, North Carolina 2761 1 (919) 715-5460 FAX 



contact: Mary Shuping, Staff Liaison 



marys@ms.ncga.state.nc.us 



County and Municipality Government Questions or Notification 

NC Association of County Commissioners 

215 North Dawson Street (919)715-2893 

Raleigh, North Carolina 27603 

contact: Jim Blackburn or Rebecca Troutman 



NC League of Municipalities 
215 North Dawson Street 
Raleigh, North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13 



NORTH CAROLINA 
REGISTER 




Volume 12, Issue 23 
Pages 2086 - 2189 



June 1, 1998 



This issue contains documents officially filed 
through May 8, 1998. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 2761 1-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

Camille Winston, Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 

Linda Dupree, Editorial Assistant 



IN THIS ISSUE 

I. EXECUTIVE ORDERS 

Executive Order 133 2086 - 2087 

II. RULE-MAKING PROCEEDINGS 
Administration 

NC Environmental Policy Act 2088 

Environment and Natural Resources 

Environmental Management Commission 2088 

Marine Fisheries Commission 2089 

Licensing Boards 

Veterinary Medical Board 2089 

III. PROPOSED RULES 
Environment and Natural Resources 

Environmental Management Commission 2091 - 2093 

Health and Human Services 

Social Services 2090 - 2091 

IV. TEMPORARY RULES 
Environment and Natural Resources 

Marine Fisheries Commission 2094 - 2098 

Licensing Boards 

Chiropractic Examiners. Board of 2098 - 2099 

V. APPROVED RULES 2100-2174 

Administrative Hearings, Office of 

Hearings Division 
Environment and Natural Resources 

Environmental Management 

Health Services 

Marine Fisheries 

Parks and Recreation 
Health and Human Services 

Facility Services 

Mental Health 

Vocational Rehabilitation 
Insurance 

Financial Evaluation Division 

Fire and Rescue Services 

Home Inspector Licensure Board 

Market Examination Division 

Property and Casualty Division 
Justice 

Private Protective Services 

Sheriffs' Education and Training Standards Commission 
Labor 

Boiler and Pressure Vessel 
Licensing Boards 

Cosmetic Art Examiners 

Dental Examiners 

Mortuary Science, Board of 

Nursing, Board of 

Opticians, Board of 

Pharmacy, Board of 

Physical Therapy Examiners, Board of 

Real Estate Commission 
Public Education 

Elementary and Secondary Education 
Revenue 

Corporate Income and Franchise Tax Division 

Individual Income: Inheritance and Gift Tax Division 

Individual Income Tax Division 

License and Excise Tax Division 

Motor Fuels Tax Division 

Sales and Use Tax 
Secretary of State 

Securities Division 
Transportation 

Highways, Division of 

Motor Vehicles, Division of 
VII. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2175 -2188 

VIII. CUMULATIVE INDEX 1-92 



North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC 
27601 . Application to mail at Periodicals Rates is pending at Raleigh, NC^ POSTMASTER: Send Address changes to the North Carolina Register. 
PO Drawer 27447. Raleigh. NC 2761 1-7447. 



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EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 133 

GOVERNOR'S PUBLIC MANAGEMENT 

INTERNSHIP PROGRAM 

WHEREAS, the State of North Carolina has a continuing need 
to attract and retain exceptionally capable and highly trained 
public managers and policy researchers; and, 

WHEREAS, the State has nine universities within the 
University of North Carolina system and one private university 
training students to assume leadership roles as public managers 
and policy researchers through Master of Public Administration 
or similarly focused programs; and, 

WHEREAS, the graduates of these programs would bring 
innovative ideas and leadership to human resources, policy 
development, finance, planning and analysis, and other fianctions 
of state government; and. 



c. Communicate clearly the importance of ability and 
appropriate advanced education in state government; 
and, 

d. Create a parmership of public, private and academic 
sectors to improve the quality of state government. 

Section 3. Administration. 

The State Personnel Director and the Directors of the ten 
graduate programs shall plan and administer the Governor's 
Public Management Internship Program and shall serve as the 
GPMIP Partnership Council. The Partnership Council may 
select an Advisory Group from the private business, nonprofit 
and local government sectors, the Cabinet and Council of State 
agencies, the Presidential Management Internship Program, and 
others who can contribute to the effective functioning of the 
program. 

Section 4. Funding Positions. 



WHEREAS, very few new graduates now seek employment 
in state government and. therefore, take their knowledge, skills 
and abilities to the federal government through the Presidential 
Management Internship Program, enter post-graduate internship 
programs offered by local governments, or begin careers in other 
related settings. 

NOW, THEREFORE, by the power vested in me as Governor 
by the laws and Constitution of North Carolina, IT IS 
ORDERED: 

Section 1. The Governor's Public Management Internship 
Program (GPMIP) Established. 

The Governor's Public Management Internship Program is 
hereby established. The Program shall be a parmership between 
the Office of the Governor and the graduate programs in the 
state offering Master of Public Administration degrees or similar 
degrees at the nine universities within the University of North 
Carolina (Appalachian State University, East Carolina 
University, North Carolina Central University, North Carolina 
State University, University of North Carolina at Chapel Hill, 
University of North Carolina at Charlotte, University of North 
Carolina at Greensboro, University of North Carolina at 
Pembroke, and Western Carolina University), and Duke 
University. 

Section 2. Purpose. 

The Governor's Public Management Internship Program shall 
serve four primary purposes: 

a. Provide an entry path into state government 
management and research position for highly qualified 
recent MPA graduates; 

b. Establish a partnership between state government and 
the academic community to improve the quality of 
managerial talent available to the state; 



Each Cabinet agency, plus the Office of State Budget and 
Management and the Office of State Personnel, shall identify 
resources to fund a GPMIP position. Council of State agencies 
are encouraged to fund a position. 

Section 5. Selection of Candidates. 

The recruitment and selection processes within the University 
and all participating agencies shall: 

a. Ensure the candidates selected best meet the needs of 
the respective agency; 

b. Comply with all existing state and federal laws, 
policies and rules governing personnel actions; 

c. Ensure full and fair consideration of all candidates 
without regard to race, religion, color, creed, national 
origin, sex, age, disability or political affiliation; and, 

d. Comply with good human resource management 
practices and with any procedural guidelines designed 
by the GPMIP Partnership Council. 

Section 6. Guidelines and Timeframes. 

The GPMIP Partnership Council shall develop operational 
guidelines and timeframes to ensure that candidates and the state 
receive maximum benefits from the program. The items to be 
included in the guidelines shall include, but not be limited to: 

a. Recruitment and selection processes at the University 
level, limited to three applicants per university; 

b. Recruitment and selection processes at the Agency 
level; 

c. Assessment Center procedures; 

d. Orientation program to state government and to the 
respective Agencies; 

e. Performance agreements for the Candidates, the 
Agencies, the Universities, the Office of State 



12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2086 



EXECUTIVE ORDERS 



Personnel, and the GPMIP Partnership Council; 

Cross-iianctional activities within state government, 

and seminars and workshops to enhance professional 

growth: 

Mentoring and other support roles for Agency and 

University' personnel to nurture and guide the 

Candidates: 

Performance measurement strategies of the 

Candidates. Partnership Council. Mentors. Agency 

and Universit> personnel, and other ke> parties: 

Monitoring procedures for program implementation 

within the agencies: 

Evaluation of the development, implementation and 

impact, with special emphasis on the outcomes, of the 

GPMIP: 

Recommendations and strategies to ensure program 



effectiveness: and 
1. Procedures to report the impact of GPMIP to the 
Office of the Governor, the General Assembly, the 
Universities, and the general public. 

Section 7. Duties of the Office of State Personnel. 

The Office of State Personnel shall ensure the provisions of 
this Order are accomplished. The Office of State Personnel shall 
monitor the implementation of the program and compliance with 
this Order. 

This Order shall be effective immediately. 

Done in the Capital City of Raleigh. North Carolina, this 22"'' 
day of April, 1998. 



2087 



NORTH CAROLINA REGISTER 



June 1, 1998 



12:23 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must 
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule. 
Publication of a temporary rule serves as a Notice of Rule-making Proceedings andean be found in the Register under the 
section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making Proceedings and 
can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. I50B-21.2. 



TITLE 1 - DEPARTMENT OF ADMINISTRATION 



course of the rule-making process. 



CHAPTER 25 - NORTH CAROLINA 
ENVIRONMENTAL POLICY ACT 

A Totice of Rule-making Proceedings is hereby given by the 
J. y Department of Administration in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Resister the text of the rules it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: / 

NCAC 25 .0212 - .0213. .0302 - .0303, .0402, .0504 - .0506, 
. 0602 - . 0603 and . 0605. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 1 13A-1 through 1 13A-1 1 

Statement of the Subject Matter: The rules governing the 
implementation of the State Environmental Policy Act will be 
revised to streamline the process of filing environmental 
documents and to make other technical changes. 

Reason for Proposed Action: The Departments of 
Administration and Environment and Natural Resources, along 
with representatives of local and state government and 
environmental interests, convened a task force to study methods 
to make SEPA more efficient and responsive. These rule 
changes are a part of the recommendations of that task force. 

Comment Procedures: Chrys Raggett, Director, State 
Clearinghouse, 116 W. Jones Street, 5th Floor - Administration 
Building. Raleigh, NC 27603. 919-733-7232. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

A Totice of Rule-making Proceedings is hereby given by the 
J. V DENR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall subsequently 
publish in the Resister the text of the rules it proposes to adopt 
as a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules AlTected by this Rule-Making: 

15A NCAC 2B .031 1. Other rules may be proposed in the 



Authority for the rule-making: G.S. 143-214.1; 143-215.1; 
143-215.3(a)(l); 143-214.5 

Statement of the Subject Matter: Proposed reclassification 
of a portion of the Deep River (Cape Fear River Basin) in 
Guilford and Randolph Counties for water supply use. The 
proposed reclassification to WS-IV NSW (water supply and 
nutrient sensitive waters) would potentially also include a 
management strategy to address nutrient over-enrichment, 
toxicants, treatment and location options for wastewater 
discharges, and development restrictions. 

Reason for Proposed Action: The Piedmont Triad Regional 
Water Authority, on behalf of several local governments, has 
requested that the Deep River be reclassified for drinking water 
supply use. A dam is proposed to be built on the Deep River 
near the Town of Randleman to form Lake Randleman. The 
current classification of this portion of the Deep River is Class 
C (general purpose waters). The proposed classification is 
Class WS-IV NSW. If reclassified for water supply purposes, 
local governments having jurisdiction within five miles and 
draining to the proposed lake would be responsible for adopting 
and implementing land use ordinances that, at a minimum, meet 
the state's requirements for water supply watershed protection. 
In addition to considering the appropriateness of reclassifying 
the Deep River for water supply purposes, the rule-making 
process will consider the development and implementation of a 
special water quality management strategy for the reservoir. 
Water quality data and modeling results for the proposed 
reservoir suggest that a site-specific strategy is warranted. The 
issues that will be considered by the proposed management 
strategy include nutrient over-enrichment, treatment and 
location options for wastewater discharges, and the risk of 
toxicants from nonpoint sources. 

Comment Procedures: The purpose of this announcement is 
to encourage those interested in this proposal to provide written 
comments. Written comments, data or other information 
relevant to this proposal must be submitted by July 31, 1998. It 
is very important that all interested and potentially affected 
persons or parties make their views known to the Environmental 
Management Commission (EMC) on whether to proceed with 
this reclassification and if so, what controls or management 
proposals would be appropriate to protect the use of the 
proposed reservoir. Written comments may be submitted to: 
Boyd DeVane. DENR/Division of Water Quality, Planning 
Branch, P.O. Box 29535, Raleigh, NC 27626-0535. 919-733- 
5083, ext. 559. 



12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2088 



RULE-MAKING PROCEEDINGS 



■k -k -k "k "k -k 



PO Box 769. Morehead City, NC 28557. 
accepted through August 3. 1998. 



Comments will be 



CHAPTER 3 - MARINE FISHERIES 

TV Totice of Rule-making Proceedings is hereby given by the 
1 V North Carolina Marine Fisheries Commission in 
accordance with G. S. 150B-2 1 . 2. The agency shall subsequently 
publish in the Re sister the text of the rules it proposes to adopt 
as a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15.4 NC.4C 3H.0103: 31: 3J.010^. .0109: 3^1.050-": 3P. Other 
rules may be proposed in the course of the rule-making process. 



Authority for the rule-making: 

289 



G.S. 113-134: 113-182: 143B- 



Statement of the Subject Matter: Procedures for declaratory- 
ruling: petitions for rulemaking: require escape panels in pound 
nets and long haul seines: procedures for assessing civil 
penalties: trip limits for commercial catches of dolphin: appeal 
petition and other evidence; and hardship licenses. 

Reason for Proposed Action: The Marine Fisheries 
Commission, through the Committee process, has identified 
rules which are proposed for amendment which will clarify 
processes for declaratory ruling, petitioning for rulemaking and 
accessing civil penalties, allow for reduction in undersize fish 
taken by pound nets and long haul seines, establish a trip limit 
for the commercial take of dolphin, and clarify several license 
rules dealing with appeals process. 

Comment Procedures: Written comments may be submitted to 
the Marine Fisheries Commission. .Attention: Juanita Gaskill. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



I 



CHAPTER 66 - VETERINARY MEDICAL BOARD 

TV Totice of Rule-making Proceedings is hereby given by the 

1 V North Carolina Veterinary Medical Board in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish in 
the Register the text of the rules it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 21 

NC.4C 66 .0207 - .0208. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 90-185(6) 

Statement of the Subject Matter: Minimum facility and 
practice standards, facilities providing limited veterinary 
services. 

Reason for Proposed Action: To modif- and improve the 
existing minimum facility and practice standards, and to further 
define the rules for facilities providing limited veterinary 
senices. New rules may be implemented to accomplish this. 

Comment Procedures: Written comments should be sent to: 
Office of the Executive Director, NC I 'eterinary Medical Board, 
PO Box 12587. Raleigh, NC 27525. 



2089 



NORTH CAROLINA REGISTER 



June 1, 1998 



12:23 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice 
of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication 
date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days 
for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory reference: G.S. 150B- 

21.2. 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Social Services Commission intends to adopt rules 
cited as 10 NCAC 24A .0508 and amend rule cited as 42R 
.0201. Notice of Rule-making Proceedings for 10 NCAC 24A 
.0508 was published in the Register on November 19, 1997. 
Notice of Rule-making Proceedings for 10 NCAC 42R.0201 was 
published in the Register on December 1. 1997. 



Fiscal Note: Rule 10 NCAC 24A .0508 does not affect the 
expenditures or revenues of state or local government funds. 10 
NCAC 42R .0201 does affect the expenditures or revenues of 
state or local government funds. These Rules do not have a 
substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 

CHAPTER 24 - SOCIAL SERVICES: GENERAL 

SUBCHAPTER 24A - GENERAL 



Proposed Effective Date: April 1, 1999 



SECTION .0500 - GENERAL POLICIES 



A Public Hearing will be conducted for 10 NCAC 24A .0508 
and 42R .0201 at 10:00 a.m. on September 9, 1998 at the 
Albemarle Building, Conference Room 943-2, 325 N. Salisbury 
St., Raleigh, NC. 

Reason for Proposed Action: 10 NCAC 24A .0508 - Action to 
adopt temporary rules is required to insure that rules of the 
Social Services Commission are consistent with S.L. 1997-497. 
Current APA rules for recoupment of benefits do not address all 
programs of public assistance and do not include garnishment 
as a remedy. The ability to petition the court for an order of 
garnishment of wages is a new remedy and shall be used only 
after all administrative remedies have been exhausted 
unsuccessfully. This action is necessary because a section was 
added to G.S. 108A-25, which permits county departments of 
social services to petition the court for garnishment of wages to 
recoup fraudulent public assistance program payments. The 
law became effective December 1, 1997. 
10 NCAC 42R.0201 - The cost of providing adult day care and 
adult day health has increased since the last increase to the 
maximum rates (July 1994), therefore, the maximum rates must 
be increased to come closer to the provider's actual costs. The 
maximum rate for transportation has not been increased since 
the early 1980's, which has caused providers to operate at a loss 
when transportation is provided to participants. A separate rate 
is being established for adult day health services in recognition 
of the higher costs of providing this level of care and in order to 
match the rate being paid by the Division of Medical .Assistance 
for the same service. The North Carolina General Assembly 
expanded the amount of SSBG/State funds available to the State 
Adult Day Care fund, allowing for the rate increases without 
reducing the numbers of clients to be served. 

Comment Procedures: Anyone wishing to comment should 
contact Sharnese Ransome, APA Coordinator, Social Services 
Commission, NC Division of Social Services. 325 N. Salisbury 
St., Raleigh, NC 27603, phone 919/733-3055. 



.0508 ADVISORY TO COUNTIES REGARDING 
PETITION OF GARNISHMENT 

The Division of Social Services shall advise county 
departments of social services and consolidated human services 
boards of any State and federal laws and regulations that restrict 
the garnishment of wages to recoup a fraudulent public 
assistance program payment as provided in G.S. 108A-25.1. 



Authority G.S 108A-25.1: 143B-153: St. 1997-497. 



CHAPTER 42 - INDIVIDUAL AND FAMILY SUPPORT 



SUBCHAPTER 42R 



ADULT DAY CARE 
FUND 



STATE 



SECTION .0200 - STATE ADULT DAY CARE FUND 

.0201 NATURE AND PURPOSE OF STATE ADULT 
DAY CARE FUND 

(a) The State Adult Day Care Fund shall be used for adult day 
care and adult day health services provided through county 
departments of social services for the purpose of enabling people 
to remain in or return to their own homes. 

(b) The fund shall be used to increase state participation in 
the costs of this service. 

(c) The maximum rate for the purchase of adult day care 
services under a vendor agreement shall not exceed five hundred 
dollar s (S500.00) p e r month, of which four hundr e d and fifty 
fiv e dollars (S^155.00) shall b e for th e purchas e of daily car e and 
forty fiv e dollars (SI 5. 00) shall b e for tran s portation five 
hundred sixty-five dollars ($565.00) per month, of which five 
hundred dollars ($500.00) shall be for the purchase of daily care 
and sixty-five dollars ($65.00) shall be for transportation. The 
maximum rate for the purchase of adult day health services 
under a vendor agreement shall not exceed seven hundred fifteen 
dollars ($715.00) per month, of which six hundred fifty dollars 
($650.00) shall be for the purchase of daily care and sixty-five 
dollars ($65.00) shall be for transportation. Adult day health 



12:23 



NORTH CAROLINA REGISTER 



June I, 1998 



2090 



V- ■B=>.*t^.^»>«V.---lJi^.^A. 



PROPOSED RULES 



senices ma\ onK be purchased for an individual following a 
preadmission health assessment as specified in 10 NCAC 42Z 
.0604(b) (2)(A) and a determination that the indi\idual needs 
one or more ser\ices delineated in 10 NCAC 42Z .0802(a)( 1) 
through (3). 

Authority G.S. 143B-I53: S.L 199'-443: 1993 S.L. c. 591. s. 
2(a). 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the DEXR - Emironmental Management Commission 
intends to amend rule cited as 15.4 NCAC 2B .0308. Notice of 
Rule-making Proceedings was published in the Register on 
December 15. 199". 

Proposed Effective Date: .April 1. 1999 

A Public Hearing will be conducted at '.00 p.m. on June 18. 
1998 at the Statesville City Hall, Council Chambers. 227 South 
Center Street. Statesville. NC 28677. 

Reason for Proposed Action: The City of Statesville has 
requested that Lookout Shoals Lake in .Alexander. Catawba, and 
Iredell Counties (Catawba River Basin) be reclassified to the 
appropriate water supply classification based on the location 
that has been chosen for a new water supply intake for the City 
of Statesville. The selected intake site is just inside Iredell 
County, approximately two miles south of where Alexander. 
Catawba, and Iredell Counties share a common border. 
Lookout Shoals Lake currently carries the primary 
classifications WS (Water Supply) - V. WS-IV. WS-IV&B 
(Primaiy Recreation) and WS-IV&B C.A (Critical .Area: defined 
as the area within one lialfmile and draining to the normal pool 
elevation of the reservoir). The Division of Water Qualit}' 
proposes to reclassify- Lookout Shoals Lake to IVS-Il' C.A and 
WS-IV&B C.A. .As part of this proposed reclassification, 
tributary streams that are within the Protected .Area (P.A: 
defined as the area within five miles and draining to the normal 
pool elevation of the reservoir) will be reclassified to WS-IV. 
and tributary streams that are within the Critical .Area will be 
reclassified to IVS-IVC.A. In WS-IV water supply M-atersheds. 
domestic and industrial wastewater dischargers are allowed, 
although in the WS-IV C.A. ne^v industrial process waste^vater 
discharges will have additional waste^vater treatment 
requirements. Where land disturbing activities in WS-IV 
watersheds require a Sedimentation and Erosion Control Plan, 
development is limited to two-dwelling units idu) per acre or 
24% built upon area (low density option). For those 
developments without curb and gutter street systems, 
development may take place up to three du acre or 36% built 
upon area in the P.A. .A high density option, which requires 
control of runoff of the first inch of rainfall through the use of 
engineered stormwater controls, permits development at up to 
50% built upon area in the C.A and ~0% built upon area in the 



P.A. Thirty foot stream bujfers are required with the low density 
option, and 100 foot buffers are required with the high density 
option. .Alexander. Catawba, and Iredell Counties have land use 
jurisdiction within the area that would be affected by this 
proposed reclassification. Reclassification to Classes WS-IV CA 
and WS-IV&B C.A would require the affected local governments 
to revise their drinking water supply maps within 120 dens after 
adoption and notification by the Environmental Management 
Commission that the reclassification lias become effective. Once 
the reclassification becomes effective, the state would apply the 
appropriate requirements that affect the permitting of landfills, 
residual application sites and wastev,-ater discharges within the 
adopted Critical and Protected .Areas. The effective date of the 
reclassification is expected to be April 1. 1999. 

Comment Procedures: The purpose of this announcement is 
to encourage those interested in this proposal to provide 
comments. You may either attend the public hearing and make 
relevant verbal comments or submit written comments, data or 
other relevant information by July 18. 1998. The Hearing 
Officer may limit the length of time that you may speak at the 
public hearing, if necessary, so that all those who wish to speak 
may ha\'e an opportunity to do so. We encourage you to submit 
written comments as well. The Environmental Management 
Commission (EMC) is very interested in all comments 
pertaining to the proposed reclassification. It is very important 
that all interested and potentially affected persons or parties 
make their views known to the EMC whether in favor of or 
opposed to any and all provisions of the proposed 
reclassification. The EMC may not adopt a rule that differs 
substantially fi-om the text of the proposed rule published in the 
North Carolina Register unless the EMC publishes the text of 
the proposed different rule and accepts comments on the ne\i' 
text (see 150B-2I.2(g)i. .All interested and potentially affected 
persons are strongly encouraged to read the eritire 
announcement and supporting information, and make 
appropriate comments on the proposal. .Anyone wishing to 
comment should contact Li: Kovasckitz. DENR/Division of 
Water Quality. PO Box 29535. Raleigh, NC 27626-0535, (919) 
-33-5083. ext. 5-2. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state government, however this Rule does affect 
local government funds. This Rule does not ha\-e a substantial 
economic impact of at least five million dollars (55,000,000) in 
a 1 2-month period. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

[Note: Text shown in bold t>pe has been approved by the 
Rules Review Commission at their January 1998 
(amendment k) and February 1998 (amendment I) meetings 



2091 



NORTH CAROLINA REGISTER 



June 1. 1998 



12:23 



PROPOSED RULES 



and is pending the 1998 Legislative Session. Text shown in 
italics was previously published in the 12:19 NC Register 
(amendment m) and the 12:21 NC Register (amendment n).| 

.0308 CATAWBA RIVER BASIN 

(a) The schedule may be inspected at the following places: 

(1) Clerk of Court: 
Alexander County 
Avery County 
Burke County 
Caldwell County 
Catawba County 
Gaston County 
Iredell County 
Lincobi County 
McDowell County 
Mecklenburg County 
Union County 
Watauga County 

(2) North Carolina Department of Environment and 
Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville, North Carolina 

(B) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Asheville, North Carolina. 

(b) Unnamed Streams. Such streams entering South Carolina 
are classified "C." 

(c) The Catawba River Basin Schedule of Classifications and 
Water Quality Standards was amended effective: 

(1) March 1, 1977; 

(2) August 12, 1979; 

(3) April 1, 1982; 

(4) January 1, 1985; 

(5) August 1, 1985; 

(6) February 1, 1986; 

(7) March 1, 1989; 

(8) May I, 1989; 

(9) March 1, 1990; 

(10) August 1, 1990; 

(11) Augusts, 1992; 

(12) April 1, 1994; 

(13) July 1,1995; 

(14) September 1, 1996; 

(15) August 1, 1998; 

(16) April I 1999. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1, 1989 as follows: 

(1) Wilson Creek (Index No. 1 1-38-34) and all tributary 
waters were reclassified from Class B-trout and Class 
C-trout to Class B-trout ORW and Class C-trout 
ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 



May 1, 1989 as follows: 

(1) Henry Fork [Index Nos. 11-129-1-(1) and 
1 1-129-1 -(2)] from source to Laurel Creek, including 
all tributaries, were reclassified from Class WS-I, C 
and C trout to Class WS-1 ORW, C ORW and C trout 
ORW, except Ivy Creek and Rock Creek which will 
remain Class C trout and Class C. 

(2) Jacob Fork [Index Nos. ll-129-2-(l) and 
1 1-129-2-(4)] from source to Camp Creek, including 
all tributaries, were reclassified from Class WS-III 
front and WS-III to WS-III frout ORW and WS-III 
ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1, 1990 as follows: 

(1) Upper Creek [Index No. 1 l-35-2-(l)] from source to 
Timbered Branch including all fributaries except 
Timbered Branch (Index No. 11-35-2-9) was 
reclassified from Class C Trout to Class C Trout 
ORW. 

(2) Steels Creek [Index No. 1 1-35-2-12(1)] from source 
to Little Fork and all fributaries was reclassified from 
Class C Trout to Class C Trout ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-II or 
WS-III). These waters were reclassified to WS-I, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) which 
became effective on August 3, 1992. In some cases, sfreams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximity and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate primary 
classification after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
April 1, 1994 as follows: 

(1) Friday Lake (Index No. 1 1-125.5) from its source to 
Little Paw Creek was reclassified from Class C to 
Class B. 

(2) The Linville River [Index No. 12-29-(l)] from 
Grandmother Creek to Linville Falls was reclassified 
from Class C Tr to Class B Tr. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
July 1, 1995 with the reclassification of Clark Creek from a 
point 0.6 mile downstream of Catawba County SR 2014 to 0.4 
mile upstream of Larkard Creek [Index No. 1 1-129-5-(4.5)], and 
Howards Creek from its source to 0.7 mile upsfream of Lincoln 
County State Road 1200 [Index No. 11-129-4], including 
associated tributaries from Class WS-IV to Classes C and 
WS-IV. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 



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2092 



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PROPOSED RULES 



September 1, 1996 as follows: 

(1) North Fork Catawba River [Index No. ll-24-(l)] 
from Laurel Branch to Annstrong Creek from Class C 
Tr to Class B Tr; and 

(2) Catawba River (Lake Hickory) from Rhodhiss dam to 
highway 32 1 -{■ [Index No. 1 1 -(5 1 )] from Class WS- 
IV CA to Class WS-IV&B CA. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended 
effective August 1, 1998 with the revision to the primarj' 
classification for portions of the South Fork Catawba River 
[Index No. 1 1-129-(0.5)| and Hoyle Creek [Index No. 11-129- 
15-(1)| from Class WS-IV to Class WS-V. 

(I) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended 
effective August 1, 1998 as follows: 

(1) Mill Creek [Index No. 11-7] from its source to 
Swannanoa Creek, including all tributaries, from 
Class C Tr to Class C Tr HQW; and 

(2) Toms Creek [Index Nos. 1 1-21-(1) and 1 1-21-(2)] 
from its source to Harris Creek, including all 
tributaries, from Class C Tr to Class C Tr HQW 
and from Harris Creek to McDowell County SR 
1434, including all tributaries, from Class C to 
Class C HQW. 

(ml The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
April ]_^ 1999 with the reclassification of a portion of the 
Catawba River [Index Nos. 1 1-(27.5) and 11-(31) from Class 



WS-IV & B and WS-IV to Class WS-V & B and WS-V. 

(n) The Schedule of Classifications and Water Oualit\> 
Standards for the Catawba River Basin was amended effective 
April f_ 1999 with the reclassification of Armstrong Creek 
[Index Nos. 1 l-24-14-(l). 1 l-24-14-(13.5l and 1 l-24-14-(14)l. 
and all tributaries from Classes WS-II Tr, WS-II. WS-II CA and 
C Tr to Classes C Tr HQW and C HOW. 

(o) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended April 1. 
1999 as follows: 

(1) Lookout Shoals Lake from Oxford Dam to Island 
Creek [Index No. 1 1-(67)1 from Class WS-V to Class 
WS-IV CA. from Island Creek to Elk Shoal Creek 
[Index No. 11-(70.5)1 from Class WS-IV to Class 
WS-IV CA and from Elk Shoal Creek to a point one 
half mile upstream of Lookout Shoals Dam [Index 
No. 11 -(72)] from Class WS-IV&B to Class WS- 
IV&B CA: and 

(2) The primary classifications of tributary streams that 
are within five miles and draining to the normal pool 
elevation of Lookout Shoals Lake (Protected Area) 
have been revised to Class WS-IV: and 

(3) The primary classifications of tributary streams that 
are within one half mile and draining to the normal 
pool elevation of Lookout Shoals Lake (Critical Area) 
have been revised to Class WS-IV CA. 

Authority- G.S 143-214.1: 143-215.1: 143-2 15.3(a)(1). 



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TEMPORAR Y RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-2 1.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Rule-making Agency: North Carolina Marine Fisheries 
Commission 

Rule Citation: 15A NC.4C 3M .0503. .0507: 30.0303, .0306 

Effective Date: June 7, 1998 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 113-134: 113-153.1; 
1993 (Regular Session 1994), c.576, s. 3: 113-182: 113-221; 
1438-289.4 

Reason for Proposed Action: ISA NCAC 3M .0503 - Two 

recent joint Atlantic States Marine Fisheries Commission/Mid- 
Atlantic Fishery Management Council actions require that 
North Carolina adopt these amendments to remain in 
compliance with the Summer Flounder, Scup and Black Sea 
Bass Fishery Management Plan. Amendments to G.S. 143B- 
289.22(e) included in the Fisheries Reform Act of 1997 includes 
the authority of the Marine Fisheries Commission to adopt 
temporary rules to maintain compliance. 

ISA NCAC 3M .0507 - Adoption of an interim rule by the 
National Marine Fisheries Service increasing the size limit for 
blue and white marlin requires the Marine Fisheries 
Commission to adopt a temporary rule to complement these 
increases in size in order to maintain compliance. .Amendments 
to G.S. 143B-289. 22(e) included in the Fisheries Reform Act of 
1997 includes the authority of the Marine Fisheries Commission 
to adopt temporary rules to maintain compliance. 

ISA NCAC 30 .0303, .0306 - The 1997 Fisheries Reform Act 
added the vessel endorsement to sell as a license to be placed 
under the moratorium. (From 1994-1997, the moratorium 
applied to vessel licenses, crab licenses, shellfish licenses and 
non-vessel endorsements to sell.) The appeals panel operating 
rules adopted by the Commission in 1994 needs to be amended 
to take this recent change into account. 

Comment Procedures: Written comments may be submitted to 
the Marine Fisheries Commission, Attention Juanita Gas kill, PO 
Box 769, Morehead City, NC 28557. The Marine Fisheries 
Commission will hold public hearings on this rule in August and 
September (dates will be announced in the future). Comments 
will be accepted through September 30, 1998. 

CHAPTER 3 - MARINE FISHERIES 



SUBCHAPTER 3M - FINFISH 

SECTION .0500 - OTHER FINFISH 

[Note: Text shown in bold print has been previously 
approved by the Rules Review Commission and is pending 
the 1998 Legislative Session.) 

.0503 FLOUNDER 

(a) It is unlawful to possess flounder flounder: 

(1) Less less than 13 inches in length Icnght. taken 
from internal waters; 

(2) Less than 14 inches in length taken from the 
Atlantic Ocean with commercial fishing equipment 
or bi hook-and-line or gig if claiming the 
exemption specified in Paragraph (f) of this Rule; 

(3) Less than 15 4444 inches in length taken from the 
Atlantic Ocean bv hook-and-line or gig. 

(b) From Between October 1 through snA April 30, it shall be 
unlawful to use a trawl in the Atlantic Ocean within three miles 
of the ocean beach from the North CarolinaA^irginia state line 
(35° 33' N) to Cape Lookout (34° 36' N) unless each trawl has 
a cod e nd (tailbag) mesh length of gr e at e r than 5 V2 inches or 
larger diamond mesh (stretched) or 6 inches or larger square 
mesh (stretched) applied throughout the body, extension(s) and 
the cod end (tailbag) of the net cod e nd for at l e ast 75 continuous 
m e sh es forward of th e t e rminus ( e nd) of th e n e t. or th e t e rminal 
on e third portion of a n e t. m e asur e d from th e t e rminus of th e cod 
e nd to th e h e ad rop e for cod e nds with l e ss than 75 m e sh e s, 
except as provided in Paragraphs £h) and (i) and (j) of this 
Rule. 

(c) License to Land Flounder from the Atlantic Ocean: 

( 1 ) It is unlawful to land more than 1 00 pounds per trip of 
flounder taken fi-om the Atlantic Ocean unless the 
vessel has been issued a License to Land Flounder 
from the Atlantic Ocean. 

(2) It is unlawful for a fish dealer to purchase or offload 
more than 100 pounds of flounder taken from the 
Atlantic Ocean by a vessel that has not first procured 
a valid North Carolina License to Land Flounder from 
the Atlantic Ocean. 

(3) To qualify for a North Carolina License to Land 
Flounder from the Atlantic Ocean, a vessel shall have: 

(A) been licensed under G.S. 1 13-152 or 113-153 
during any two of the 1992-93, 1993-94, or 
1994-95 license years, and 

(B) landed in North Carolina at least 1 ,000 pounds 
of flounder each year from the Atlantic Ocean 
during any two of the 1992-93, 1993-94. or 
1 994-95 license years for which the vessel was 
licensed to land in North Carolina. 

(4) At least 10 days prior to issuance, applicants for the 
license shall complete an application form provided 



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by the Division of Marine Fisheries and submit it to 
the North Carolina Division of Marine Fisheries, Post 
Office Box 769, 3441 Arendeil Street, Morehead 
City, North Carolina 28557. The following 
information is required: 

(A) Valid documentation papers or current motor 
boat registration or copy thereof; 

(B) Proof of required licenses and flounder 
landings data for that vessel during the years 
the vessel was licensed. 

Licenses shall be issued to qualifying vessels at no fee 
and only from the Morehead City Office of the 
Division of Marine Fisheries. 

(5) Licenses may only be transferred: 

(A) with the transfer of the ownership of a vessel 
holding a License to Land Flounder from the 
Atlantic Ocean to the new owner of that vessel; 

v es s e l, or 

(B) by the owner of a vessel to another vessel 
under the same ownership. The vessel owner 
is only eligible for the same number of 
Licenses to Land Flounder from the Atlantic 
Ocean for which his boats qualify; qualify', 

(C) any transfer of license under this Paragraph 
must be facilitated through the Division of 
Marine Fisheries Morehead City Office only. 

(6) It is unlawfiil for any individual to land flounder from 
the Atlantic Ocean without having ready at hand for 
inspection a valid License to Land Flounder from the 
Atlantic Ocean, except as specified in Subparagraph 
(c)(1) of this Rule. 

(7) Suspension or Revocation: 

(A) A License to Land Flounder from the Atlantic 
Ocean issued under this Rule shall be subject 
to suspension or revocation pursuant to the 
provisions of 15A NCAC 3P, except that this 
license shall be subject to revocation pursuant 
to the provisions of G.S. 113-166 when the 
licensee is convicted of a criminal offense 
within the jurisdiction of the Department under 
the provisions of Subchapter IV of G.S. 1 13, or 
of the rules of the Marine Fisheries 
Commission adopted under the authority of 
that Subchapter. 

(B) The Division may commence proceedings 
under 15A NCAC 3P, for suspension or 
revocation of a License to Land Flounder from 
the Atlantic Ocean if it finds: 

(i) the license was obtained by providing 
any false information or willfully 
omitting required information when the 
information is material to the securing 
of the license; or 

(ii) the license was falsified, fi^audulently 
altered, or counterfeited; or 

(iii) the licensee practices any fraud or 
deception designed to evade the 



provisions of this Rule or reasonable 
administrative directives made under the 
authority of this Rule or G.S. 113- 
182(b)(3). 

(d) It is unlawful to transfer flounder taken from the Atlantic 
Ocean from one vessel to another. 

(c) It i s unlawful to po ss e ss flounder le ss than 1 4 inche s 
total length taken by hook and l ine or gig from the Atlantic 
Ocean. 

(e>ffl It is unlawful to possess more than eight 40 flounder 
per person per day taken by hook-and-Iine or gig from the 
Atlantic Ocean. 

ff)fe) Persons fishing from a vessel with a valid vessel 
endorsement to sell or persons fishing but not from a vessel 
who hold a valid a nonvessel endorsement to sell are exempt 
fi-om the possession limit in Paragraphs (a)(3) and (e) and (f) of 
this Rule. 

{g}(h) Tailbag liners of any mesh size, the multiple use of two 
or more cod ends, or other netting material that in any way could 
restrict the legal size mesh required by this Rule, shall not be 
used or possessed on the deck of a vessel in the Atlantic Ocean 
from betwe e n October 1 through and April 30 from the North 
CarolinaA'irginia state line (36° 33' N) to Cape Lookout (34° 
36' N). 

(h)ffl Trawls with a cod end mesh size smaller than described 
in Paragraph (b) of this Rule may be used or possessed on the 
deck of a vessel provided not more than 1 00 pounds of flounder 
per trip from May 1 through October 31 or more than 200 
pounds from November 1 through April 30 is possessed aboard 
or landed from that vessel. 

(i)ff) Flynets are exempt from the flounder trawl mesh 
requirements if they meet the following definition: 

( 1 ) The net has large mesh in the wings that measure 8 
inches to 64 inches; 

(2) The first body section (belly) of the net has 35 or 
more meshes that are at least 8 inches; and 

(3) The mesh decreases in size throughout the body of the 
net to as small as 2 inches or smaller towards the 
terminus of the net. 

(i}(k) Commercial Season. 

(1) The North Carolina season for landing ocean-caught 
flounder shall open January' 1 each year. If 70 percent 
of the quota allocated to North Carolina in accordance 
with the joint Mid-Atlantic Fishen,' Management 
Council/ Atlantic States Marine Fisheries Commission 
Mid Atlantic Fisheries Manag e m e nt Council Atlantic 
Stat es — Marin e — Fi s h e ri e s — Commission Fishery 
Management Plan for Summer Flounder is projected 
to be taken, the Fisheries Director shall, by 
proclamation, close North Carolina ports to landing of 
flounder taken from the ocean. 

(2) The season for landing flounder taken in the 
Atlantic Ocean shall reopen November 1 if any of 
the quota allocated to North Carolina in 
accordance with the joint Mid-Atlantic Fishery 
Management Council/Atlantic States Marine Fisheries 



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12:23 



TEMPORAR Y RULES 



Commission Mid ' Atlantic Fi s h e ri e s Management 

Council Atlantic Stat e s Marin e Fish e ri e s Commission 

Fishery Management Plan for Summer Flounder 

remains. If after reopening. 100 percent of the 

quota allocated to North Carolina in accordance 

with the joint Mid-Atlantic Fishery Management 

Coimcil/ Atlantic States Marine Fisheries Commission 

Mid Atlantic Fish e ri es Manag e ment Council Atlantic 

Stat es — Marin e — Fish e ri e s — Commission Fishery 

Management Plan for Summer Flounder ^ 

projected to be taken prior to the end of the 

calendar year, the Fisheries Director shall, by 

proclamation, close North Carolina ports to 

landing of flounder taken from the ocean. Dur i ng 

the clo s ed s ea s on, ycs s c is may land up to 100 

pound s of flounder per trip taken from the 

Atlantic Ocean. 

(3) During any closed season prior to November Ij 

vessels may land up to 100 pounds of flounder per 

trip taken from the Atlantic Ocean. The s ea s on 

for landing flounder token in the At l antic Ocean 

s hall reopen November 1. 

(k)tf) The Fisheries Director may, by proclamation, 

establish trip limits for the taking of flounder from the 

Atlantic Ocean to assure that the individual state quota 

allocated to North Carolina in the joint Mid-Atlantic Fisher> 

Management Council/Atlantic States Marine Fisheries 

Commission Mid Atlantic Fish e ri e s Manag e m e nt Council 

Atlantic — Stat e s — Marin e — Fish e ri e s — Commission. Fishery 

Management Plan for Summer Flounder is not exceeded. 

History Note: Filed as a Temporary Amendment Eff. 

November 1, 1995 for a period of 180 days or until the 

permanent rule becomes effective, whichever is sooner; 

Authority G.S. 113-134: 113-182: 113-221: 143B-289.4: 

Eff. January I 1991: 

Amended Eff. March 1. 1996: February 1. 1992: 

Temporary Amendment Eff. December 23. 1996: 

AmendedEff. April 1 . 1997; 

Temporary Amendment Eff. June 7^ 1998. August 18. 1997. 

.0507 RECREATIONAL FISHING RESTRICTIONS 

(a) Blue marlin: 

(1 ) It is unlawful to possess blue marlin less than 96 86 
inches in length from the lower jaw to the fork in the 
tail. 

(2) It is unlawful to possess more than one blue marlin 
per person per day. 

(b) White marlin: 

(1 ) It is unlawful to possess white marlin less than 66 62 
inches in length from the lower jaw to the fork in the 
tail. 

(2) It is unlawful to possess more than one white marlin 
per person per day. 

(c) Sailfish: 

( 1 ) It is unlawful to possess sailfish less than 57 inches in 



length from the lower jaw to the fork in the tail. 
(2) It is unlawftil to possess more than one sailfish per 
person per day. 

(d) Cobia: 

( 1 ) It is unlawftil to possess cobia less than 33 inches fork 
length taken by hook-and-line. 

(2) It is unlawftil to possess more than two cobia per 
person per day taken by hook-and-line. 

(e) Dolphin: 

(1) It is unlawftil to possess more than 10 dolphin per 
person per day. 

(2) Exemptions: 

(A) Charter vessels with a valid National Marine 
Fisheries Service Charter Vessel Coastal 
Migratory Pelagic Permit and licensed by the 
U.S. Coast Guard to carry six or less 
passengers for hire, may possess a maximum of 
60 dolphin per day regardless of the number of 
people on board. 

(B) Vessels with a valid commercial National 
Marine Fisheries Service Federal Coastal 
Migratory Pelagic Permit including 
charterboats when fishing with three or less 
persons (including captain and mate) on board 
are exempt from the creel limits set out in 
Subparagraph (e)(1) of this Rule. 

(f) It i s unlawful to po ss e ss yc l lowfin tuna l e ss than 22 
inches fork length taken by hook and line. 

History Note; .Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4: 

Eff. January 1. 1991: 

AmendedEff. March 1. 1996; March 1. 1994; February 1. 1992; 

September 1. 1991: 

Temporary Amendment Eff. June 7^ 1998; September 9. 1996. 

SUBCHAPTER 30 - LICENSES, LEASES, AND 
FRANCHISES 

SECTION .0300 - LICENSE APPEAL PROCEDURES 

.0303 APPEAL PETITION AND OTHER EVIDENCE 

(a) Under the Statutes authorizing issuance of special licenses 
in cases of emergencies or hardships, the most important 
criterion is the demonstration of emergency or hardship. The 
Appeals Panel must and shall deny petitions which fail to 
demonstrate emergency or hardship consistent with the 
provisions of 15A NCAC 30 .0305 and .0306. 

(b) The contents of an appeal petition are as follows: 

( 1 ) Petitions that do not contain the following items shall 
be returned to the petitioner without being processed: 

(A) A completed Appeals License Application; 

(B) A statement of the license(s) being requested; 

(C) Where a vessel license is requested, a copy of 
the registration/documentation information 
which identifies the vessel; 



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TEMPORAR Y R ULES 



(D) The petitioner's notarized signature; and 

(E) Where petitioners are not residents of North 
CaroHna, certification from the fisheries 
agency of their resident state or jurisdiction 
showing, for the time period beginning July 1 , 
1991 to the present, all licenses held and any 
violations or convictions entered against them, 
or the lack thereof 

(2) In addition, a petition shall include: 

(A) A statement of emergency or hardship 
consistent with the standards in this Section; 

(B) A list of license suspensions and revocations, 
and convictions of fisheries offenses in any 
state or jurisdiction during the past three years; 

(C) The reason(s) for failure to obtain the 
license(s) before July 1 . 1991; 1994, and in the 
case of vessel endorsements to sell, between 
1994 and August 15, 1997; 

(D) A list of commercial fishing license(s), from 
any state or jurisdiction, held by the petitioner 
since July 1, 1991, with identifying license 
number and issuing agency; and 

(E) Request for oral argument, if desired. 

(3) A petition may be accompanied by: 

(A) Evidence demonstrating the extent to which the 
petitioner relies on commercial fishing as a 
livelihood, such as tax records, sales records, 
trip tickets, and similar information; 

(B) Sworn affidavits by others verifying or 
supporting the information in the petition; 

(C) Exhibits and any other evidence to be offered 
in support of the appeal; and 

(D) A statement waiving the opportunity to reply to 
the Division of Marine Fisheries 
recommendation. 

(c) Requests for oral arguments may only be made in the 
appeal petition. 

(d) Petitions, evidence, and supporting information may only 
be filed with the Division of Marine Fisheries at its offices in 
Morehead City or by mailing to Post Office Box 769, Morehead 
City, North Carolina 28557-0769. The petition shall not be 
processed until the petitioner provides an original and four 
copies of the petition and supporting information. 

(e) The Division of Marine Fisheries shall submit its 
recommendation and any other relevant information on each 
appeal to the Appeals Panel within 10 working days of the 
receipt of a complete petition. On the same day the 
recommendation is sent to the Appeals Panel, the Division of 
Marine Fisheries shall serve a copy of its recommendation on the 
petitioner by depositing it in first class mail, hand delivery, or 
facsimile delivery. 

(f) Any reply to the Division of Marine Fisheries 
recommendation must be filed with the Division of Marine 
Fisheries within 10 days after the recommendation is served. 
The petition shall not be processed until the petitioner provides 
an original and four copies of the reply and supporting 
information. 



History) Note: Filed as a Temporary Adoption Eff. August 9, 

1994, for a period of 180 days or until the permanent rule 

becomes effective, whichever is sooner: 

Authority G.S. 113-134; 113-153.1: 1993 (Regular Session 

1994). c. 576. s. 3: 143B-289.4: 

Eff. February 1. 1995: 

Temporary Amendment Eff. June 7, 1998. 

.0306 HARDSHIP LICENSES 

The following criteria will be applied in approving or denying 
petitions based on hardship: 

(1) A petition will be denied unless it demonstrates at 
least one of the following circumstances: 

(a) For each license applied for, the petitioner has 
held that license or an equivalent commercial 
fishing license from North Carolina or from 
another state or jurisdiction in two out of the 
past three y e ars; years prior to the moratorium 
applicable to that license; and petitioner can 
demonstrate extenuating or extraordinary 
circumstances which prevented him or her 
from obtaining the North Carolina commercial 
fishing license for 1993 199 4 ; 1993-1994 or, in 
the case of the vessel endorsement to sell, for 
any of the years from 1994 through 1997; 

(b) It can be demonstrated that petitioner did not 
obtain a 1993-1994 license because petitioner 
was on active military duty outside the state 
and that for two out of the three years previous 
to going on active military duty, petitioner held 
the license being applied for; 

(c) The petitioner has become 16 years of age 
since June 30, 1994; has a history of 
commercial fishing with their parent or 
guardian; and holds a Shellfish or Crab 
License; 

(d) A member of the petitioner's immediate family, 
who holds a current license, has died, is 
incapacitated, or is retiring from the 
commercial fishery; the petitioner needs the 
license to continue in that fishery operation; 
and the family member will surrender the 
license upon approval of the petition; or 

(e) The petitioner is applying for a commercial 
vessel license; does not have and has not 
applied for a vessel endorsement to sell fish; 
can demonstrate that the license is necessary to 
provide nutritional subsistence for petitioner's 
household which petitioner is otherwise unable 
to afford; and petitioner agrees to restrict 
possession of fish to recreational size and creel 
limits. 

(f) The petitioner can demonsfrate facts similar in 
hardship to the preceding situations. 

(2) Hardship and emergency licenses are issued solely to 
the petitioner based upon individual demonstration of 
need. A petition may be denied if the Appeals Panel 



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finds that the petitioner is unable to demonstrate a 
substantial adverse effect on his or her livelihood in 
the event the license is denied. 

(3) The petition shall be denied if, the petitioner has a 
history of fishing law violations which would cause 
petitioner to be ineligible for a license in North 
Carolina or has a history of substantial noncompliance 
with federal or state laws, regulations, or rules for the 
protection of marine and estuarine resources in any 
state or jurisdiction. 

(4) The holder of a current and valid hardship license on 
June 30 of the license year has the same eligibility to 
renew the license as persons not subject to the 
moratorium. 

History Note: Filed as a Temporary Adoption Ejf. August 9. 

1994, for a period of 180 days or until the permanent rule 

becomes effective, whichever is sooner; 

Authority G.S. 113-134: 113-153.1: 1993 (Regular Session 

1994). c. 576, s. 3: 143B-289.4: 

Eff. February 1, 1995: 

Temporary Amendment Eff. June Z. 1998: March 1, 1998. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 10 - BOARD OF CHIROPRACTIC 
EXAMINERS 

Rule-making Agency: NC Board of Chiropractic Examiners 

Rule Citation: 21 NCAC 10.0203 

Effective Date: May 1, 1998 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 90-143 

Reason for Proposed Action: To give effect to a recent 
statutory change that allows applicants for chiropractic 
licensure who pass a nationally-administered examination to be 
licensed without having to take the State examination. 

Comment Procedures: Written comments may be submitted to 
the Secretary of the Board of Examiners for 30 days following 
publication in the Register. The Secretary's address is PO Box 
312, Concord NC 28025. 

SECTION .0200 - PRACTICE OF CHIROPRACTIC 

.0203 EXAMINATIONS 

(a) Eligibility. Only those applicants who meet the 
requirements of G.S. 90-143, or in the case of reciprocity 
applicants, G.S. 90-143.1, and who have submitted a timely and 
complete written application pursuant to 21 NCAC 10 .0202 



shall be allowed to take the examination. 

(b) Date of Examination. The examination shall be given 
twice annually. The spring examination shall commence on the 
first Saturday after the first Tuesday in June. The fall 
examination shall commence on the first Saturday after the first 
Tuesday in November. Applicants eligible for examination will 
be notified of the exact date, time and location of the 
examination as soon as possible after their written applications 
have been approved by the Board. 

(c) National Boards. — In order to tak e th e North Carolina 
portion of th e e xamination, an applicant mu s t first hav e taken 
and pass e d e ach of th e following e xaminations giv e n by the 
National Board of Chiropractic Examin e r s : Part 1, Part II, Part 
IH — (WCCE) — and — the — e l e ctiv e — e xamination — (t e rm e d 
"Physioth e rapy" by th e National Board). It shall b e th e 
applicant' s r es pon s ibility to arrang e for his t e st r e sult s from th o 
National Board e xaminations to b e r e port e d to the North 
Carolina Board in advanc e of th e dat e of th e North Carolina 
portion of th e e xamination. National Boards. In order to take 
the North Carolina portion of the examination or otherwise 
demonstrate clinical proficiency, an applicant must first achieve 
a score of 375 or higher on each of the following examinations 
given by the National Board of Chiropractic Examiners: Part I, 
Part II, Part III (WCCE) and the elective examination (termed 
"Physiotherapy" by the National Board). An applicant must then 
demonstrate clinical proficiency, either by passing the North 
Carolina portion of the examination as described in Paragraphs 
(d) and (e) of this Ruleor by achieving a score of 475 or higher 
on Part IV of the National Board examination. 



m 



m 



An applicant who otherwise meets all requirements 
for licensure and who submits proof of a Part IV 
score of 475 or higher shall be issued a license on the 
next examination date specified jn Paragraph (b) of 
this Rule. 



It shall be the applicant's responsibility to arrange for 
his test results from any National Board examination 
to be reported to the North Carolina Board in a timely 
manner. Failure to comply with this provision shall 
be a basis for delaying the issuance of a license. 

(d) Nature of Examination. The North Carolina portion of the 
examination is intended to test an applicant's proficiency in the 
practical aspects of chiropractic and to augment the information 
submitted in his written application. It is administered orally and 
may include questions on the following subjects: x-ray; general 
office practice; and chiropractic analysis, procedure, 
examination, diagnosis and treatment. No part of the North 
Carolina portion of the examination is open-book, and no 
reference material of any kind shall be allowed in the 
examination area. 

(e) Passing Grade. To pass the examination, an applicant 
must answer correctly a minimum of 65 percent of the questions 
on each subject and must also answer correctly an average of 75 
percent of all the questions on the examination. An applicant 
who fails because of a deficiency in only one subject may be 
re-examined in that subject the next time the examination is 
given and shall not be required to pay another application fee. 



12:23 



NORTH CAROLINA REGISTER 



June I, 1998 



2098 



TEMPORAR Y RULES 



An applicant who fails the examination for an\ other reason 

must re-take the entire examination and pay another application [ 

fee. I 

(f) Re\ie\v of Examination Results. An applicant who has 
been denied licensure because of failing examination grades ma) 
request a review of his answers provided his request is made in 
writing and received b\' the secretary not later than 20 days after 
issuance of the examination results. The review shall be limited 
to a re-tabulation of the applicant's test scores to make certain no 
clerical errors were made in grading. Applicants shall not 
discuss their examinations with Board members, graders or test 
administrators. 



Histon- Sole: Legislative Objection Lodged Eff^ Jaiman- 31. 

1983:' 

Curative Amended Eff February 18. 1983: 

.Authority- G.S. 90-142: 90-143: 

Ejf. February 1. 19-6: 

Readopted Ejf. January 2^. 19 ^8: 

Amended Eff. August 1. 1995: December 1. 1988: January 1. 

1983: October 17. 1980: 

Temporary- .Amendment Eff. Men' £. 1998. 



2099 \ORTH C.4R0LI.\A REGISTER June 1, 1998 12:23 



APPROVED RULES 



This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting of 
March 20, 1998 pursuant to G.S. 150B-21. 1 7(a)(1) and reported to the Joint Legislative Administrative Procedure Oversight 
Committee pursuant to G.S. 150B-21. 16. The full text of rules are published below when the rules have been approved by RRC 
in a form different fi-om that originally noticed in the Register or when no notice was required to be published in the Register. 
The rules published in full text are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-21. 1 7. 

These rules unless otherwise noted, will become effective on the 3 1st legislative day of the 1998 Short Session of the General 
Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically 
disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill receives 
an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 150B-21.3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



10 


NCAC 


03U 


.0102* 




10 


NCAC 


03U 


.0201 - 


.0202 


10 


NCAC 


03U 


.0204 




10 


NCAC 


03 U 


.0205* 




10 


NCAC 


03U 


.0206 - 


.0207 


10 


NCAC 


03U 


.0301 




10 


NCAC 


03U 


.0303 - 


.0304 


10 


NCAC 


03U 


.0401 




10 


NCAC 


03U 


.0403 




10 


NCAC 


03U 


.0505* 




10 


NCAC 


03U 


.0506 - 


.0508 


10 


NCAC 


03U 


.0509 - 


.05 1 1 * 


10 


NCAC 


03U 


.0602 




10 


NCAC 


03U 


.0604 - 


.0605* 


10 


NCAC 


03U 


.0701 - 


.0703* 


10 


NCAC 


03U 


.0705* 




10 


NCAC 


03U 


.0707 - 


.0708* 


10 


NCAC 


03U 


.0709 




10 


NCAC 


03 U 


.0711 




10 


NCAC 


03U 


.0712- 


.0714* 


10 


NCAC 


03 U 


.0802 




10 


NCAC 


03 U 


.0803 - 


.0804* 


10 


NCAC 


03 U 


.0901 - 


.0902* 


10 


NCAC 


03U 


.1001- 


.1003* 


10 


NCAC 


03 U 


.1004 




10 


NCAC 


03 U 


.1301 - 


.1304* 


10 


NCAC 


03U 


.1401* 




10 


NCAC 


03U 


.1701 




10 


NCAC 


03U 


.1703 




10 


NCAC 


03U 


.1705* 




10 


NCAC 


03U 


.1716- 


.1717 


10 


NCAC 


03U 


.1718- 


.1719* 


10 


NCAC 


03U 


.1721* 




10 


NCAC 


03U 


.1722 




10 


NCAC 


03U 


.1723* 




10 


NCAC 


03 U 


.2506* 




10 


NCAC 


03U 


.2510* 




10 


NCAC 


03U 


.2601 - 


.2612 


10 


NCAC 


14V 


.7104* 




10 


NCAC 


20C 


.0201 - 


.0203 


10 


NCAC 


20C 


.0601 




10 


NCAC 


20C 


.0603 - 


.0604 


10 


NCAC 


20C 


.0606 





12:13 NCR 1098 
12:13 NCR 1100 
12:13 NCR 1100 
12:13NCR1101 
12:13 NCR 1101 
12:13 NCR 1101 
12:13 NCR 1102 
12:13 NCR 1103 
12:13 NCR 1103 
12:13 NCR 1104 
12:13 NCR 1104 
12:13 NCR 1104 
12:13 NCR 1106 
12:13 NCR 1107 
12:13 NCR 1109 
12:13 NCR 1111 
12:13NCR 1112 
12:13NCR 1113 
12:13NCR 1113 
12:13NCR 1114 
12:13NCR 1116 
12:13NCR1117 
12:13NCR1118 
12:13NCR1118 
12:13 NCR 1119 
12:13NCR 1119 
12:13 NCR 1120 
12:13 NCR 1120 
12:13 NCR 1122 
12:13 NCR 1123 
12:13 NCR 1123 
12:13 NCR 1127 
12:13 NCR 1129 
12:13 NCR 1130 
12:13 NCR 1130 
12:13 NCR 1130 
12:13 NCR 1130 
12:13 NCR 1132 
12:06 NCR 0461 
12:13 NCR 1136 
12:13 NCR 1136 
12:13 NCR 1137 
12:13NCR 1137 



12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2100 



Bt ME C gUt.« K°3 



APPROVED RULES 



11 


NCAC 


OSC 


.0101 - 


.0102 


11 


NCAC 


OSC 


.0103* 




11 


NCAC 


08 


.1301 - 


.1302* 


11 


NCAC 


08 


.1303- 


.1307 


11 


NCAC 


08 


.1308* 




11 


NCAC 


10 


.0105* 




11 


NCAC 


IIB 


.0601 - 


.0617 


11 


NCAC 


lie 


.0108- 


.0109 


11 


NCAC 


19 


.0002 - 


.0003* 


11 


NCAC 


19 


.0004 




11 


NCAC 


19 


.0006 




12 


NCAC 


07D 


.0104 




12 


NCAC 


07D 


.0201 




12 


NCAC 


07D 


.0504 




12 


NCAC 


07D 


.0701 




12 


NCAC 


07D 


.0801 




12 


NCAC 


07D 


.0902 




12 


NCAC 


lOB 


.0103* 




12 


NCAC 


lOB 


.0304 




12 


NCAC 


lOB 


.0401 - 


.0402 


12 


NCAC 


lOB 


.0403* 




12 


NCAC 


lOB 


.0406 - 


.0409 


12 


NCAC 


lOB 


.0701 - 


.0702 


12 


NCAC 


lOB 


.1101 - 


.1105* 


12 


NCAC 


lOB 


.1301 - 


.1303 


12 


NCAC 


lOB 


.1304* 




12 


NCAC 


lOB 


.2002 




12 


NCAC 


lOB 


.2101 - 


,2102* 


12 


NCAC 


lOB 


.2104* 




12 


NCAC 


lOB 


.2105 




13 


NCAC 


13 


.0213* 




ISA 


NCAC 


02 B 


.0305* 




15A 


NCAC 


02 B 


.0308* 




ISA 


NCAC 


02B 


.0313* 




ISA 


NCAC 


02 B 


.0315* 




ISA 


NCAC 


02 D 


.0506* 




ISA 


NCAC 


02D 


.0507 - 


.0508 


ISA 


NCAC 


02 D 


.0509 - 


.0511* 


ISA 


NCAC 


02 D 


.0513- 


.0515 


ISA 


NCAC 


02 D 


.0521 




ISA 


NCAC 


02 D 


.0540* 




ISA 


NCAC 


02 D 


.0914* 




ISA 


NCAC 


02 D 


.0927* 




ISA 


NCAC 


02 D 


.0938 




ISA 


NCAC 


02 D 


.0953 




ISA 


NCAC 


02D 


.1109 




ISA 


NCAC 


02 D 


.1112* 




ISA 


NCAC 


02Q 


.0101 




ISA 


NCAC 


02Q 


.0201 




ISA 


NCAC 


02Q 


.0302 




ISA 


NCAC 


02O 


.0306 




ISA 


NCAC 


02Q 


.0312 




ISA 


NCAC 


020 


.0528* 




ISA 


NCAC 


02R 


.0503* 




ISA 


NCAC 


031 


.0117* 




ISA 


NCAC 


12K 


.0101 - 


.0107 


ISA 


NCAC 


12K 


.0108* 




ISA 


NCAC 


12K 


.0109- 


.0111 



14 NCR 1252 
14 NCR 1252 
14 NCR 1253 
14 NCR 1253 
14 NCR 1253 
14 NCR 1255 
14 NCR 1255 
14 NCR 1255 
14 NCR 1262 
14 NCR 1262 
14 NCR 1262 

09 NCR 0748 
08 NCR 0622 
08 NCR 0622 
08 NCR 0622 
08 NCR 0622 
08 NCR 0622 
12 NCR 0995 
08 NCR 0624 
12 NCR 0995 
12 NCR 0995 
12 NCR 0995 
12 NCR 0995 
08 NCR 0624 
12 NCR 0995 
12 NCR 0995 
12 NCR 0995 
12 NCR 0995 
12 NCR 0995 

12 NCR 0995 

13 NCR 1184 
OS NCR 0414 
01 NCR 0011 
01 NCR 0016 

07 NCR OS 15 

10 NCR 0867 
10 NCR 0868 
10 NCR 0868 
10 NCR 0869 
10 NCR 0871 
10 NCR 0871 
10 NCR 0872 
10 NCR 0873 
10 NCR 0874 
10 NCR 0875 

08 NCR 0659 
08 NCR 0661 
08 NCR 0674 
10 NCR 0877 
08 NCR 0680 
08 NCR 0680 
08 NCR 0681 
08 NCR 0683 
08 NCR 0696 
OS NCR 0421 
12 NCR 1046 
12 NCR 1049 
12 NCR 1050 



2J01 



NORTH CAROLINA REGISTER 



June I, 1998 



12:23 



APPROVED RULES 



15A 


NCAC 


18D 


.0201* 




15A 


NCAC 


18D 


.0308* 




15A 


NCAC 


18D 


.0405* 




15A 


NCAC 


19C 


.0801 - 


.0806* 


15A 


NCAC 


19C 


.0807 




15A 


NCAC 


19C 


.0808 - 


.0809* 


15A 


NCAC 


19G 


.0102 




16 


NCAC 


06C 


.0601 - 


Eff. April 


17 


NCAC 


03C 


.0008 




17 


NCAC 


04B 


.0615 




17 


NCAC 


04D 


.0303 




17 


NCAC 


04D 


.0505 




17 


NCAC 


04D 


.0508 




17 


NCAC 


04D 


.0901 




17 


NCAC 


05E 


.0101- 


.0102 


17 


NCAC 


05E 


.0105 




17 


NCAC 


06B 


.0104 




17 


NCAC 


06B 


.0106- 


.0107 


17 


NCAC 


068 


.0112 




17 


NCAC 


06B 


.0117- 


.0118 


17 


NCAC 


06B 


.0609 




17 


NCAC 


063 


.3503 




17 


NCAC 


06B 


.3526 




17 


NCAC 


06B 


.3714 




17 


NCAC 


068 


.3725 




17 


NCAC 


068 


.3904 




17 


NCAC 


06C 


.0201 




17 


NCAC 


06C 


.0203 




17 


NCAC 


07B 


.0104 




17 


NCAC 


078 


.0207 




17 


NCAC 


078 


.0901 




17 


NCAC 


078 


.1301 




17 


NCAC 


078 


.1404 




17 


NCAC 


078 


.1602 




17 


NCAC 


078 


.1701 - 


.1703 


17 


NCAC 


078 


.1801 - 


.1802 


17 


NCAC 


078 


.2201 




17 


NCAC 


078 


.2212 




17 


NCAC 


078 


.3104 




17 


NCAC 


078 


.3301 - 


.3306 


17 


NCAC 


078 


.3901 




17 


NCAC 


078 


.3910 




17 


NCAC 


078 


.4301 




17 


NCAC 


091 


.0102 




17 


NCAC 


091 


.0304 




17 


NCAC 


09J 


.0203 




17 


NCAC 


09K 


.0205 




17 


NCAC 


09K 


.0511 




17 


NCAC 


09K 


.0514 




18 


NCAC 


06 


.1205 




18 


NCAC 


06 


.1211* 




18 


NCAC 


06 


.1304 




18 


NCAC 


06 


.1410 




18 


NCAC 


06 


.1411* 




18 


NCAC 


06 


.1412 




18 


NCAC 


06 


.1506 




18 


NCAC 


06 


.1704* 




18 


NCAC 


06 


.1712* 





1998 





12:11 NCR 0923 




12:11 NCR 0924 




12:11 NCR 0925 




12:14 NCR 1273 




12:14 NCR 1280 




12:14 NCR 1280 




12:14NCR1281 




12:12 NCR 1050 




12:14 NCR 1282 




12:14 NCR 1283 




12:14 NCR 1283 




12:14 NCR 1283 




12:14 NCR 1283 




12:14 NCR 1283 




12:14 NCR 1285 




12:14 NCR 1285 




12:14 NCR 1288 




12:14 NCR 1288 




12:14 NCR 1288 




12:14 NCR 1288 




12:14 NCR 1288 




12:14 NCR 1288 




12:14 NCR 1288 




12:14NCR1288 




12:14NCR1288 




12:14 NCR 1288 




12:14 NCR 1288 




12:14NCR1288 




12:14 NCR 1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14NCR1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14 NCR 1296 




12:14NCR 1310 




12:14NCR1310 




12:14NCR 1310 




12:14NCR1310 




12:14NCR 1310 




12:14 NCR 1310 




12:14NCR1313 




12:14NCR1313 




12:14NCR 1313 




12:14NCR1313 




12:14NCR 1313 




12:14NCR1313 




12:14NCR 1313 




12:14NCR1313 




12:14NCR 1313 


June 1, 1998 





12:23 



NORTH CAROLINA REGISTER 



2102 



ZZES^S^SSnS 



APPROVED RULES 



18 


NCAC 


06 


.1713- 


.1714 


18 


NCAC 


06 


.1801* 




18 


NCAC 


06 


.1804* 




18 


NCAC 


06 


.1806 




18 


NCAC 


06 


.1809 




19A 


NCAC 


02E 


.0218- 


.0220 


19A 


NCAC 


02E 


.0221 - 


.0222 


19A 


NCAC 


03D 


.0525 




21 


NCAC 


14A 


.0101* 




21 


NCAC 


14B 


.0605* 




21 


NCAC 


14G 


.0003 




21 


NCAC 


14G 


.0007* 




21 


NCAC 


14G 


.0013* 




21 


NCAC 


14H 


.0013 




21 


NCAC 


14H 


.0018- 


.0019 


21 


NCAC 


141 


.0104 




21 


NCAC 


141 


.0105* 




21 


NCAC 


141 


.0107 




21 


NCAC 


141 


.0109* 




21 


NCAC 


141 


.0401 




21 


NCAC 


14J 


.0102 




21 


NCAC 


14J 


.0103* 




21 


NCAC 


14J 


.0104- 


.0105 


21 


NCAC 


14J 


.0202* 




21 


NCAC 


14J 


.0204 - 


.0207 


21 


NCAC 


14J 


.0303 




21 


NCAC 


14J 


.0306- 


.0307 


21 


NCAC 


14J 


.0401 - 


.0404 


21 


NCAC 


14K 


.0001 




21 


NCAC 


14L 


.0101* 




21 


NCAC 


14L 


.0108 




21 


NCAC 


14L 


.0214* 




21 


NCAC 


14N 


.0104- 


.0105 


21 


NCAC 


14N 


.0108 




21 


NCAC 


161 


.0002 




21 


NCAC 


16V 


.0101 - 


.0102 


21 


NCAC 


34A 


.0126 




21 


NCAC 


34A 


.0201 




21 


NCAC 


34B 


.0102- 


.0103 


21 


NCAC 


34B 


.0201 




21 


NCAC 


348 


.0403 




21 


NCAC 


34D 


.0101 




21 


NCAC 


34D 


.0303 




21 


NCAC 


36 


.0601 




21 


NCAC 


36 


.0602 - 


.0603 


21 


NCAC 


36 


.0604 




21 


NCAC 


36 


.0606 




21 


NCAC 


40 


.0104 




21 


NCAC 


40 


.0108 




21 


NCAC 


40 


.0202 




21 


NCAC 


40 


.0212 




21 


NCAC 


40 


.0214 




21 


NCAC 


40 


.0319 




21 


NCAC 


40 


.0324 




21 


NCAC 


46 


.1601 




21 


NCAC 


46 


.1810* 




21 


NCAC 


488 


.0102 




21 


NCAC 


48C 


.0101 - 


.0102 



2:14NCR 1313 
2:14NCR 1313 
2:14 NCR 1313 
2:14NCR 1313 
2:14NCR 1313 
2:12 NCR 0990 
2:12 NCR 0990 
2:14 NCR 1230 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
2:11 NCR 0925 
not required. G.S. 1508-21.5 
1:20 NCR 1557 
2:14 NCR 1334 
2:14 NCR 1334 
2:14NCR 1334 
2:14NCR 1334 
2:14NCR 1334 
2:14NCR 1334 
2:14 NCR 1334 
2:14NCR 1334 
2:14NCR 1334 
2:14NCR 1334 
2:14NCR 1334 
2:14NCR 1338 
2:14NCR 1338 
2:14NCR 1338 
2:14NCR 1338 
2:14NCR 1338 
2:14NCR 1338 
2:14NCR 1338 
2:09 NCR 0798 
2:09 NCR 0800 
2:I3NCR 1151 
2:13 NCR 1152 



2103 



NORTH CAROLINA REGISTER 



June 1, 1998 



12:23 



APPROVED RULES 



21 


NCAC 


48C 


.0103* 


21 


NCAC 


48C 


.0301 -.0302 


21 


NCAC 


48C 


.0402* 


21 


NCAC 


48D 


.0103 


21 


NCAC 


48D 


.0106 


21 


NCAC 


48D 


.0109 


21 


NCAC 


48D 


.0110* 


21 


NCAC 


48E 


.0101* 


21 


NCAC 


48E 


.0104 


21 


NCAC 


48E 


.0110* 


21 


NCAC 


48G 


.0202 


21 


NCAC 


48G 


.0402 - .0403 


21 


NCAC 


48G 


.0504 


21 


NCAC 


48H 


.0701* 


21 


NCAC 


48H 


.0704 


21 


NCAC 


58A 


.0101* 


21 


NCAC 


58A 


.0103 -.0104* 


21 


NCAC 


58A 


.0105 


21 


NCAC 


58A 


.0107* 


21 


NCAC 


58A 


.0108 


21 


NCAC 


58A 


.0109* 


21 


NCAC 


58A 


.0110 


21 


NCAC 


58A 


.0114* 


21 


NCAC 


58A 


.0302 


21 


NCAC 


58A 


.0502* 


21 


NCAC 


58A 


.0505 - .0506 


21 


NCAC 


58A 


.0601 


21 


NCAC 


58A 


.0613 -.0614 


21 


NCAC 


58A 


.1702 


21 


NCAC 


58B 


.0402 


21 


NCAC 


58E 


.0407 


26 


NCAC 


03 


.0122 



12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 
12:13 



NCR 1153 
NCR 1153 
NCR 1153 
NCR 1153 
NCR 1154 
NCR 1154 
NCR 1154 
NCR 1154 
NCR 1154 
NCR 1155 
NCR 1156 
NCR 1156 
NCR 1156 
NCR 1158 
NCR 1158 
NCR 1160 
NCR 1160 
NCR 1162 
NCR 1163 
NCR 1164 
NCR 1164 
NCR 1164 
NCR 1164 
NCR 1168 
NCR 1169 
NCR 1170 
NCR 1171 
NCR 1171 
NCR 1172 
NCR 1172 
NCR 1172 
NCR 1172 



TITLE 10 - DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3U - CHILD DAY CARE STANDARDS 

SECTION .0100 - SAFETY REQUIREMENTS FOR 
DAY CARE CENTERS 

.0102 DEFINITIONS 

The terms and phrases used in this Subchapter shall be defined 
as follows except when the content of the rule clearly requires a 
different meaning. The definitions prescribed in G.S. 1 10-86 
also apply to these Rules. 

(1) "Agency" means Division of Child Development, 
Department of Health and Human Services, located at 
319 Chapanoke Road, Suite 120, Raleigh, North 
Carolina 27603. 

(2) "Appellant" means the person or persons who request 
a contested case hearing. 

(3) "A" license means the license issued to child care 
operators who meet the minimum requirements for the 



legal operation of a child care facility pursuant to G.S. 
1 10-91 and applicable rules in this Subchapter. 

(4) "AA" license means the license issued to child care 
operators who meet the higher voluntary standards 
promulgated by the Child Care Commission as 
codified in Section .1600 of this Subchapter. 

(5) "Child Care Program" means a single center or home, 
or a group of centers or homes or both, which are 
operated by one owner or supervised by a common 
entity. 

(6) "Child care administrator" means the person 
responsible for ensuring that all applicable child care 
requirements are met, in addition to the duties in G.S. 
110-86. 

(7) "Child care provider" as defined by G.S. 1 10-90.2 and 
used in Section .2700 of this Subchapter, includes but 
is not limited to the following employees: facility 
directors, administrative staff, teachers, teachers' 
aides, cooks, maintenance personnel and drivers. 

(8) "Child Development Associate Credential" means the 
national early childhood credential administered by 
the Council for Early Childhood Professional 
Recognition. 



12:23 



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June 1, 1998 



2104 



APPROVED RULES 



(9) 
(10) 

(11) 
(12) 
(13) 

(14) 
(15) 



(16) 



(17) 



(18) 
(19) 



(20) 



(21) 
(22) 



"Department" means the Department of Health and 
Human Services. 

"Developmentally appropriate" means suitable to the 
chronological age range and developmental 
characteristics of a specific group of children. 
"Division" means the Division of Child Development 
within the Department of Health and Human Services. 
"Drop-in care" means a child care arrangement where 
children attend on an intermittent, unscheduled basis. 
"Group" means the children assigned to a specific 
caregiver, or caregivers, to meet the staff/child ratios 
set forth in G.S. 1 10-91(7) and this Subchapter, using 
space which is identifiable for each group. 
"Licensee" means the person or entitv' that is granted 
permission by the State of North Carolina to operate 
a child care facility. 

"North Carolina Early Childhood Credential" means 
the state early childhood credential that is based on 
completion of coursework and standards found in the 
North Carolina Early Childhood Instructor Manual 
published jointly under the authority of the 
Department and the Department of Communitv' 
Colleges. These standards are incorporated by 
reference and include subsequent amendments. A 
copy of the North Carolina Early Childhood 
Credential requirements is on file at the Division at 
the address given in Item ( 1 ) of this Rule and will be 
available for public inspection during regular business 
hours. 

"Operator" means the person or entitv held legally 
responsible for the child care business. The terms 
"operator", "sponsor" or "licensee" ma> be used 
interchangeably. 

"Part-time care" means a child care arrangement 
where children attend on a regular schedule but less 
than a full-time basis. 
"Passageway" means a hall or corridor. 
"Preschooler" or "preschool-aged child" means any 
child who does not fit the definition of school-aged 
child in this Rule. 

"School-aged child" means any child who is at least 
five years old on or before October 16 of the current 
school year and who is attending, or has attended, a 
public or private grade school or kindergarten; or any 
child who is not at least five years old on or before 
October 16 of that school year, but has been attending 
school during that school year in another state in 
accordance with the laws or rules of that state before 
moving to and becoming a resident of North Carolina: 
or an\ child who is at least five years old on or before 
April 16 of the current school year, is determined by 
the principal of the school to be gifted and mature 
enough to justify' admission to the school, and is 
enrolled no later than the end of the first month of the 
school year. 

"Seasonal Program" means a recreational program as 
set forth in G.S. I IO-86(2)(b). 
"Section" means Division of Child Development. 



(23) "Substitute" means any person who temporarily 
assumes the duties of a regular staff person for a time 
period not to exceed two consecutive months. 

(24) "Temporary care" means any child care arrangement 
which provides either drop-in care or care on a 
seasonal or other part-time basis and is required to be 
regulated pursuant to G.S. 1 10-86. 

(25) "Volunteer" means a person who works in a child care 
facility and is not monetarily compensated by the 
facility. 



History- Note: A uthohty- G.S. 11 0-88 

Eff. January 1 . 1986: 

Amended Eff. April 1. 1992: October 1 , 

November 1. 1989: 

Temporary Amendment Ejf. January .', 



1 43 B- 1 68. 3: 



1991: October 1. 1990: 



1996; 



Amended Eff. July L 1998: April 1. 1997. 

SECTION .0200 - GENERAL PROVISIONS RELATED 
TO LICENSING CHILD CARE CENTERS 

.0205 PARENTAL ACCESS 

The parent, guardian or full-time custodian of a child enrolled 
in any child care center subject to regulation under Article 7 of 
Chapter 110 of the North Carolina General Statutes shall be 
allowed unlimited access to the center during its operating hours 
for the purposes of contacting the child or evaluating the center 
and the care provided by the center. The parent, guardian or 
custodian shall notifv the on-site administrator of his or her 
presence immediately upon entering the premises. 

History Note: Authorit\- G.S. 110-85: 110-91: 143B-168.3: 

Eff. July 1. 1988: 

Amended Eff. Jut L 1998: November 1. 1989. 

SECTION .0500 - DEVELOPMENTALLY 
APPROPRIATE ACTIVITIES FOR CENTERS 

.0505 DEVELOPMENTAL DAY CENTERS 

Child care centers which meet the criteria for developmental 
day centers, as defined in 10 NCAC 14V .2401 (contained in 
APSM 30-1, Rules for Mental Health, Developmental 
Disabilities and Substance Abuse Facilities and Services, 
published by the Division of Mental Health. Developmental 
Disabilities and Substance Abuse Services), shall be deemed to 
be in compliance with the provisions of Rules. 0508 through 
.051 1 of this Section by complying with the requirements for 
activities for developmental day centers set forth in 10 NCAC 
14V .2403. 

History Note: Authority G.S 1 10-91(2). (12): J43B-168. 3: 

Eff. January 1. 198'^: 

.Amended Eff.JidvL 1998: July 1. 1988. 

.0509 ACTIVITIES: GENERAL REQUIREMENTS 
FOR CENTERS 

(a) Each center shall have developmentally appropriate 
equipment and materials accessible on a daily basis. 



2105 



NORTH CAROLINA REGISTER 



June 1, 1998 



12:23 



APPROVED RULES 



(b) The materials and equipment shall be sufficient to provide 
a variety of play experiences which promote the children's 
social, emotional, intellectual and physical development. 

(c) Teacher-made and home-made equipment and materials 
may be used if they are safe and functional. Materials and 
equipment that are accessible to children shall not be coated or 
treated with, nor shall they contain, toxic materials such as 
creosote, pentacholorphenol, tributyl tin oxide, dislodgeable 
arsenic and any finishes which contain pesticides. 

(d) Developmentally appropriate equipment and materials 
shall be provided for a variety of outdoor activities which allow 
for vigorous play and large muscle development. Each child 
shall have the opportunity for outdoor play each day that weather 
conditions permit. The center shall provide space and time for 
vigorous indoor activities when children cannot play outdoors. 

History Note: Authority G.S. 1 10-91 (2). (12); I43B-168.3; 

Eff.July 1, 1988: 

Amended Eff. July, L 1998: January 1. 1996. 

.0510 ACTIVITY AREAS: PRESCHOOL CHILDREN 
TWO YEARS AND OLDER 

(a) Each center shall have equipment and materials available 
in activity areas on a daily basis. Centers with a licensed 
capacity of three to 1 2 children located in a residence are not 
required to have activity areas, but must have equipment and 
materials available daily for the children in care. 

(b) An activity area is an identifiable space which is 
accessible to the children and where related equipment and 
materials are kept in an orderly fashion. 

(c) Each activity area shall contain enough materials to allow 
three related activities to occur at the same time. The materials 
and equipment shall be in sufficient quantity to allow at least 
three children to use the area regardless of whether the children 
choose the same or different activities. 

(d) Each center shall make at least four of the activity areas 
listed in G.S. 1 10-91(12) available daily to preschool children 
two years or older as follows: 

(1) Centers with a licensed capacity of 30 or more 
children shall have at least four activity areas 
available in the space occupied by each group of 
children. 

(2) Centers with a licensed capacity of less than 30 
children shall have at least four activity areas 
available daily. Separate groups of children may 
share use of the same activity areas. 

(3) Centers with a licensed capacity of three to 12 
children located in a residence shall have at least four 
types of activities available daily. 

(e) In addition to the activity areas which are available each 
day, each center shall have materials and equipment in sufficient 
quantity, as described in Paragraph (c) of this Rule, to ensure 
that activities are made available at least once per month in each 
of the five activity areas listed G.S. 1 10-91(12). 

(f) Each center shall provide materials and opportunities for 
music and rhythm activities, science and nature activities, and 
sand and water play for each group of children at least once per 
month. 



History Note: Authority G.S. 1 10-91 (6), (12): 143B-168.3; 

Eff. July 1. 1998: 

Amended Eff. July L 1998: October 1. 1991. 

.0511 ACTIVITIES FOR CHILDREN UNDER TWO 
YEARS OF AGE 

(a) Each center shall have developmentally appropriate toys 
and activities for each child to promote the child's physical, 
emotional, intellectual and social well-being including 
appropriate books, blocks, dolls, pretend play materials, musical 
toys, sensory toys, and fine motor toys. 

(1) The materials shall be kept in an identifiable space 
where related equipment and materials are kept in 
identifiable groupings and must be made available to 
the children for a substantial portion of each day. 

(2) The materials shall be offered in sufficient quantity to 
allow all children to use them at some point during the 
day and to allow for a range of choices with 
duplicates of the most popular toys. 

(3) Caregivers shall make provisions for the promotion of 
physical development for a substantial portion of the 
day which shall include varied, developmentally 
appropriate physical activities. A safe clean, 
uncluttered area shall be available for infants to crawl 
or creep and for toddlers to move around. 

(4) Hands-on experiences, including both familiar and 
new activities, shall be provided to enable the infant 
or toddler to learn about himself and the world. 

(b) The center shall provide time and space for sleeping, 
eating, toileting, diaper changing, and playing according to each 
child's individual need. 

(c) The caregivers shall interact in a positive manner with 
each child every day, including the following ways: 

(1) Caregivers shall respond promptly to an infant or 
toddler's physical and emotional needs, especially 
when indicated by crying through actions such as but 
not limited to the following: feeding, diapering, 
holding, positive touching, smiling, talking and eye 
contact. 

(2) The caregiver shall recognize the special difficulties 
of infant and toddler separations and assist families, 
infants, and toddlers to make the transition from home 
to center as gently as possible, such as a phased-in 
orientation process to allow infants and toddlers to 
experience limited amounts of time at the center 
before becoming fully integrated. 

(3) A caregiver or team of caregivers shall be assigned to 
each infant or toddler as the primary' caregiver(s) who 
shall be responsible for care the majority of the time. 

(4) The caregiver shall make provision for constructive 
guidance and the setting of clearly defined limits 
which foster the infant's or toddler's ability to be self- 
disciplined, as appropriate to the child's age and 
development. 

(5) In drop-in centers, every effort shall be made to place 
an infant or toddler, who uses the center frequently, 
with the same caregiver. 

(d) Each child shall have the opportunity to be outdoors daily 



12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2106 



uaujiu.iJSSB 



APPROVED RULES 



when weather conditions permit. 

History Note: Authority G.S. 1 10-91(2). (12): 143B-168.3: 

Eff.Julyl. 1988: 

Amended Eff. July 1. 1998: October I. 199!: January 1. 1991. 

SECTION .0600 - SAFETY REQUIREMENTS FOR 
DAY CARE CENTERS 

.0604 GENERAL SAFETY REQUIREMENTS 

(a) Potentially hazardous items, such as firearms and 
ammunition, hand and power tools, nails, chemicals, lawn 
mowers, gasoline or kerosene, archery equipment, propane 
stoves, whether or not intended for use by children, shall be 
stored in locked areas or with other appropriate safeguards, or 
shall be removed from the premises. 

(b) Electrical outlets not in use which are located in space 
used by the children shall be covered with safety plugs unless 
located behind furniture or equipment that cannot be moved by 
a child. 

(c) Electric fans shall be mounted out of the reach of children 
or shall be fitted with an appropriate mesh guard to prevent 
access by children. 

(d) All small electrical appliances shall be used only in 
accordance with the manufacturer's instructions. 

(e) Electrical cords shall not be accessible to infants and 
toddlers. Extension cords, except as approved by the local fire 
inspector, shall not be used. Frayed or cracked electrical cords 
shall be replaced. 

(f) All materials used for starting fires, such as matches and 
lighters, shall be kept in locked storage or shall be stored out of 
the reach of children. 

(g) Smoking shall not be permitted in space used by children 
when children are present. All smoking materials shall be kept 
in locked storage or out of the reach of children. 

(h) Fuel burning heaters, fireplaces and floor furnaces shall 
be provided with a protective screen attached securely to 
substantial supports to prevent access by children and to prevent 
objects from being thrown into them. 

(i) Plants that are toxic shall not be in indoor or outdoor space 
that is used by or is accessible to children. 

(j) The outdoor play area shall be protected by a fence or 
other protection. The height shall be a minimum of four feet and 
the top of the fence shall be free of profrusions by January 1 , 
1999. The requirement disallowing protrusions on the tops of 
fences shall not apply to fences six feet high or above. The 
fencing shall exclude fixed bodies of water such as ditches, 
quarries, canals, excavations, and fish ponds. Gates to the 
fenced outdoor play area shall remain securely closed while 
children occupy the area. When the center uses areas outside the 
fenced outdoor play area for children's activities or takes 
children off the premises for play or outings, the parent of each 
child shall give written permission for the child to be included in 
such activities. The permission may be: 

( 1 ) a one-time, blanket permission for all activities; 

(2) a one-time, blanket permission for a specific activity 
at any time: or 

(3) a one-time permission for a specific activity at a 



designated time. 
The center shall maintain the signed permission in the child's 
record. When children are taken off the premises, staff 
accompanying the children shall have a list of the names of all 
children participating in the outing. When the center provides 
transportation for children, the center shall fitmish parents the 
names of all regularly scheduled drivers. 

(k) Air conditioning units shall be located so that they are not 
accessible to children or shall be fitted with a mesh guard to 
prevent objects from being thrown into them. 

(I) Gas tanks shall be located so they are not accessible to the 
children or shall be in a protective enclosure or surrounded by a 
protective guard. 

(m) Cribs and playpens shall be placed so that the children 
occupying them shall not have access to cords or ropes, such as 
Venetian blind cords. 

(n) Children shall not be allowed to play on outdoor 
equipment that is too hot to touch. 

(o) The indoor and outdoor premises shall be checked daily 
for debris, vandalism and broken equipment. Debris shall be 
removed and disposed of appropriately. 

(p) ITie playground surface area shall be checked at least 
weekly to assure that surface material is maintained to assure 
continued resiliency. 

(q) Following completion of safety training by the 
administrator or other staff person as required by Rule .0705(e) 
of this Subchapter, a monthly playground inspection shall be 
conducted and a record of each inspection shall be completed. 
This staff person shall use a playground inspection checklist 
provided by the Division. The checklist shall be signed by the 
person who conducts the inspection and shall be maintained in 
the center's files for review by a representative of the Division. 

(r) Plastic bags, toys and toy parts small enough to be 
swallowed, and materials that can be easily torn apart such as 
foam rubber and styrofoam, shall not be accessible to children 
under three years of age, except that styrofoam plates and larger 
pieces of foam rubber may be used for supervised art activities 
and styrofoam plates may be used for food service. Latex and 
rubber balloons shall not be accessible to children under five 
years of age. 

History Note: Authority^ G.S. 110-85(1); 1 10-91(3). (6); 

N3B-168.3: 

Eff. January 1 . 1991: 

Amended Eff. January I. 1996: November 1, 1991; 

Temporaiy Amendment Ejf. October I, 1997; 

Amended Eff. July L 1998. 

.0605 CONDITION OF OUTDOOR PLAY 
EQUIPMENT 

(a) All equipment shall be in good repair and shall be 
maintained in useable condition. All commercially 
manufactured equipment shall be assembled and installed 
according to procedures specified by the manufacturer. 

(b) Equipment shall be sturdy, stable, and free of hazards that 
are accessible to children during normal supervised play 
including sharp edges, lead based paint, loose nails, splinters, 
protrusions (excluding nuts and bolts on sides offences), pinch 



2107 



NORTH C4R0LINA REGISTER 



June 1, 1998 



12:23 



APPROVED RULES 



and crush points. 

(c) All broken equipment shall be removed from the premises 
immediately or made inaccessible to the children. 

(d) Any openings in equipment, steps, decks and handrails 
shall be smaller than 3/4" or greater than 9" to prevent 
entrapment. 

(e) All upright angles shall be greater than 55° to prevent 
entrapment and entanglement. 

(f) All stationary outdoor equipment shall be installed over a 
resilient surface. Footings which anchor equipment shall not be 
exposed. Loose surfacing material shall not be installed over 
concrete. Acceptable materials to be used for surfacing include 
the following: wood mulch, double shredded bark mulch, 
uniform wood chips, fine sand, coarse sand, and pea gravel. 
Other materials that have been certified by the manufacturer to 
be shock-absorbing resilient material in accordance with the 
American Society for Testing and Materials (ASTM) Standard 
1292, may be used only if installed, maintained and replaced 
according to the manufacturer's instructions. Pea gravel shall not 
be used if the area will be used by children under three years of 
age. The depth of the surfacing that is required shall be based on 
the critical height of the equipment. The critical height is 
defined as the maximum height a child may climb, sit or stand. 

( 1 ) Equipment with a critical height of five feet or less 
shall have six inches of any of the surfacing materials 
listed. 

(2) Equipment with a critical height of more than five feet 
but less than seven feet shall have six inches of any of 
the surfacing materials listed, except for sand. 

(3) Equipment with a critical height of seven feet to 10 
feet shall have nine inches of any of the surfacing 
materials listed, except for sand. 

(4) When sand is used as a surfacing material for 
equipment with a critical height of more than five 
feet, 1 2 inches is required. 

(g) The resilient surfacing shall extend beyond the external 
limits of the equipment for a minimum of six feet. The area 
which is required to have the resilient surfacing is the area under 
and around the equipment where the child is likely to fall and it 
is called the fall zone. Fall zones may overlap in three 
situations: between two swing structures, around spring rockers, 
or around equipment that is less than 30 inches in height. 

(h) Swings shall have resilient surfacing that extends two 
times the length of the pivot point to the surface below. The 
surfacing shall be to the front and rear of the swing. Enclosed 
tot swings shall have resilient surfacing that extends two times 
the length of the pivot point to the bottom of the swing seat. The 
surfacing shall be to the front and rear of the swing. Tot swings 
are defined as swings with enclosed seats. Tire swings shall 
have resilient surfacing that extends a distance of six feet plus 
the measurement from the pivot point to the swing seat and six 
feet to the side of the support structure. 

(i) Swing seats shall be made of plastic or soft or flexible 
material. 

(j) Elevated platforms shall have a guardrail or protective 
barrier, depending upon the height of the platform and the age of 
children that will have access to the piece of equipment. All 
sides of platforms shall be protected except for the area which 



allows entry or exit. Guardrails shall prevent inadvertent or 
unintentional falls off the platform. Protective barriers shall 
prevent children from climbing over or through the barrier. The 
critical height for a platform with a protective barrier is the 
platform surface; the critical height for a platform with a 
guardrail is the top of the guardrail. Measurements for the 
guardrails and protective barriers are stated below: 

(1) Equipment used by preschool and school-age 
children: 

(A) Guardrails - an elevated surface that is more 
than 20 inches and no more than 30 inches 
above the underlying surface shall have a 
guardrail. The minimum height of the top 
surface of the guardrail shall be at least 38 
inches high and the lower edge shall be no 
more than 23 inches above the platform. 

(B) Protective Barriers - an elevated surface that is 
more than 30 inches above the underlying 
surface shall have a protective barrier. The 
minimum height of the top surface of the 
protective barrier shall be at least 38 inches 
high. 

(2) Equipment used exclusively by preschool children: 

(A) Guardrails - an elevated surface that is more 
than 20 inches and no more than 30 inches 
above the underlying surface shall have a 
guardrail. The minimum height of the top 
surface of the guardrail shall be at least 29 
inches high and the lower edge shall be no 
more than 23 inches above the platform. 

(B) Protective Barriers - an elevated surface that is 
more than 30 inches above the underlying 
surface shall have a protective barrier. The 
minimum height of the top surface of the 
protective barrier shall be at least 29 inches 
high. 

(3) Equipment used exclusively by school-age children: 

(A) Guardrails - an elevated surface that is more 
than 30 inches and no more than 48 inches 
above the underlying surface shall have a 
guardrail. The minimum height of the top 
surface of the guardrail shall be at least 38 
inches high and the lower edge shall be no 
more than 26 inches above the platform. 

(B) Protective Barriers - an elevated surface that is 
more than 48 inches above the underlying 
surface shall have a protective barrier. The 
minimum height of the top surface of the 
protective barrier shall be at least 38 inches 
high. 

(k) All equipment and surfacing ordered, constructed or 
installed on or after October 1, 1997 shall conform to all the 
requirements in this Rule. All equipment and surfacing ordered, 
constructed, or installed prior to October 1. 1997 shall conform 
to Paragraphs (a) through (c) of this Rule. 

(1) All equipment and surfacing ordered, constructed, or 
installed prior to October 1, 1997 shall conform with paragraphs 
(d) through (j) of this rule by January 1 , 2000. 



12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2108 



twrM'jmi.miujt,Mt;^^M um l iiijjj-Jiuj «.ijLi j.jgCTUB. 



APPROVED RULES 



(1) Any operator who is unable to comply by this date 
due to hardship may contact the Division by July 1, 
1999 to appK for an extension until January 1, 2001. 

(2) In cases where a large composite structure was 
installed after January' 1. 1989 until Januan. 1. 1996 
according to manufacturer's instructions and met 
existing safet> standards for playground equipment at 
the time of installation, an operator may contact the 
Division to appK for approval for continued use of 
the structure. Approval shall be based upon: 

(A) Documentation submitted that verifies the 
structure was installed according to 
manufacturer's instructions; and 

(B) Documentation submitted that verifies the 
structure met existing safety standards at the 
time of installation; and 

(C) An inspection from a representative of the 
Division to determine the structure remains in 
good repair and in a useable condition. 

History Note: Authority G.S. 110-91(6): 143B-168.3: 
Temporary- Adoption Eff October 1. 199": 
Eff. July i. 1998. 

SECTION .0700 - REQUIREMENTS FOR CENTER 
STAFF 

.0701 HEALTH STANDARDS FOR STAFF 

(a) All personnel, including the director, shall ha\e on file 
within 60 da\s of the date of emploNment. a statement signed b} 
a licensed physician or an authorized health professional under 
his her supervision, that indicates that the person is emotionalK 
and ph>sicall\ fit to care for children. When submitted the 
medical statement shall not be older than 12 months. For the 
purposes of this Rule, an authorized health professional means 
a nurse practitioner or ph\sician assistant currentK approved to 
perform medical acts b> the North Carolina Board of Medical 
Examiners. 

(b) The Di\ision. or the director of the child care center. ma> 
request another evaluation of an employee's emotional and 
physical fitness to care for children when there is reason to 
belie\e that there has been deterioration in the person's 
emotional or ph\sical fitness to care for children. 

(c) A test showing each employee, including the director, to 
be free of active tuberculosis is required prior to emplosment. 
The results indicating the individual is free of acti\e tuberculosis 
shall be obtained \sithin the 12 months prior to the date of 
emplovment. 

(d) Each emplo\ee. including the director, shall also annualK 
submit a medical statement from a licensed physician or 
authorized health professional as defined in (a) of this Rule, or 
must complete a health questionnaire gi\ ing information about 
the status of his her health on a form provided b\ the Division. 

(e) Staff medical statements, proof of a tuberculosis test, and 
completed health questionnaires shall be included in the 
emploN ee's indi\ idual personnel file in the center. 

(f) EmergencN medical care information shall be on file for 
each individual staff person. That information shall include the 



name, address, and telephone number of the person to be 
contacted in case of an emergencN', the responsible party's choice 
of health care provider, and preferred hospital; any chronic 
illness the individual has and an\' medication taken for that 
illness; and any other information that has a direct bearing on 
assuring safe medical treatment for the individual. This 
emergency medical care information shall be on file in the center 
on the staff person's first day of employment. 

History Note: Authority G.S. 1 10-91(1), (8j, (9); 143B-168.3: 
Ejf. January 1. 1986: 
.Amended Eff. July 1 . 1998. 

.0702 STANDARDS FOR SUBSTITUTES AND 
VOLUNTEERS 

(a) The substitute staff and volunteers who are coimted in the 
child care staff child ratio shall comply with the health standards 
contained in this Section. 

(b) All substitutes and volunteers not included in the child 
care staff/child ratio shall complete the health questionnaire 
described in Rule .0701 of this Section prior to the first day of 
work and will complete a health questionnaire armually 
thereafter as long as they continue to work in the center. 

(c) A test showing each substitute and volimteer is free of 
active tuberculosis is required prior to the first day of work. The 
results of the test shall be obtained within the 12 months prior to 
employment or the beginning of the volunteer activity. This 
requirement shall apply only to individuals who volunteer more 
than once per w eek. 

(d) The age of substitute staff and volunteers shall be verified 
prior to the first day of work by documenting the substitute staff 
or volunteer's date of birth in the individual's record. Any 
substitute teacher shall be at least 1 8 >ears old and literate. 

(e) Emergency medical care information as described in Rule 
.0701(f) of this Section shall be on file for all substitutes and 
volunteers on the person's first da> of work. 

History Note: Authority G.S. 1 10-91(1). (8). (9): 143B-168.3: 

Eff. January 1. 1986: 

Amended Eff. July_ L 1998: October 1. 1991. 

.0703 GENERAL STATUTORY REQUIREMENTS 

(a) Staff counted toward meeting the staff child ratio 
requirements set forth in Rules .0712 and .0713 of this Section 
shall meet the requirements of G.S. 1 10-91(8). No one under 18 
years of age shall have full responsibility for or be left in charge 
of a group of children. 

(b) Anvone who is at least 13 >ears of age. but less than 16 
\ears of age. may work in a child care center on a volunteer 
basis, as long as he or she is supervised by and works with a 
required staff person who is at least 21 years of age. and also 
meets the health standards for volunteers found in Rule .0702 of 
this Section. No one vounger than 16 >ears old shall be left 
alone with children nor counted toward meeting the required 
staff child ratio. 

(c) The provisions of G.S. 1 10-91(8) which exclude persons 
with certain criminal records or personal habits or behavior 
which ma> be harmful to children ft-om operating or being 



2109 



NORTH CAROLINA REGISTER 



June 1, 1998 



12:23 



APPROVED RULES 



employed in a child care center are hereby incorporated by 
reference and shall also apply to any person on the premises with 
the operator's permission when the children are present. This 
exclusion does not include parents or other persons who enter 
the center only for the purpose of performing parental 
responsibilities: nor does it include persons who enter the center 
for brief periods for the purpose of conducting business with the 
operator and who are not left alone with the children. 

(d) Within six months of an individual assuming lead teacher 
or child care administrator duties, each center shall maintain the 
following information in the individual's staff record: 

( 1 ) a copy of the credential certificate: or 

(2) a copy of notification from the Division that the 
individual meets the equivalency or that the individual 
does not meet the equivalency and must enroll in 
coursework: or 

(3) a dated copy of the request submitted by the 
individual to the Division for the assessment of 
equivalency status or the opportunity to test out of the 
credential coursework; or 

(4) documentation of enrollment in credential 
coursework. 

(e) If the individual does not yet meet the staff qualifications 
required by G.S. 110-91(8) when assuming lead teacher or 
administrative duties, the individual shall submit the following 
information to the Division within six months of assuming the 
duties: 

( 1 ) a request to test out of credential coursework on a 
form provided by the Division: or 

(2) application for equivalency on a form provided by the 
Division, with documentation of completion of the 
coursework or credential to be considered for 
equivalency as required by the Division. 

(f) For centers with a licensed capacity of three to 12 
children, when an individual has responsibility both for 
administering the child care program and for planning and 
implementing the daily activities of a group of children, the 
requirements for lead teacher in this Section shall apply to this 
individual. If the program has more than one group of children 
the requirement regarding lead teacher shall apply to each group 
of children. 

History Note: Authority G.S. 110-85: 110-91(8): 143B-168.3: 
Eff. January 1. 1986: 

Amended Ejf. July L 1998: January 1. 1990: July 1, 1988: 
January 1. 1987. 

.0705 SPECIAL TRAINING REQUIREMENTS 

(a) At least one staff member shall be knowledgeable of and 
able to recognize common symptoms of illness. 

(b) Staff who have completed within the last three years a 
course in basic first aid approved by the Division shall be 
present at the center at all times children are present. The 
number of staff required to complete the course shall be based 
on the number of children present in the center as shown in the 
following chart: 



Number of children 


Number of staff trained in 


present 


first aid required 


1-29 


1 staff 


30-79 


2 staff 


80 and above 


3 staff 



Verification of each required staff person's completion of this 
course shall be maintained in the person's individual personnel 
file in the center. The basic first aid course at a minimum shall 
address principles for responding to emergencies, rescue 
breathing, and techniques for handling common childhood 
injuries, accidents and illnesses such as: choking, bums, 
fractures, bites and stings, wounds, scrapes, bruises, cuts and 
lacerations, poisoning, seizures, bleeding, allergic reactions, eye 
and nose injuries and sudden changes in body temperature. 

(c) A first aid information sheet shall be posted in a 
prominent place for quick referral. An acceptable form may be 
requested free of charge from the North Carolina Child Care 
Health and Safety Resource Center by calling 1-800-CHOOSE- 
1. 

(d) Each child care center shall have at least one person on 
the premises at all times who has successfiilly completed within 
the last 12 months a cardiopulmonary resuscitation (CPR) course 
provided by either the American Heart Association or the 
American Red Cross or other organizations approved by the 
Division. Other organizations will be approved if the Division 
determines that the courses offered are substantially equivalent 
to those offered by the American Red Cross. Successfully 
completed is defined as demonstrating competency, as evaluated 
by the instructor, in performing CPR. The course shall provide 
fraining in CPR appropriate for the ages of children in care. 
Documentation of successful completion of the course from the 
American Heart Association, the American Red Cross, or other 
organization approved by the Division shall be on file in the 
center. 

(e) Staff shall complete at least four clock hours of training 
in safety approved by the Division. At a minimum, this training 
shall address playground safety hazards, playground supervision, 
maintenance and general upkeep of the outdoor area, and age 
and developmentally appropriate playground equipment. Staff 
counted to comply with this Rule shall have six months from the 
date of employment, or from the date a vacancy occurs, to 
complete the required safety training. The number of staff 
required to complete this training shall be as follows: 

( 1 ) In centers with a licensed capacity of less than 30 
children, at least one staff person shall complete this 
fraining. 

(2) In centers with a licensed capacity of 30 or more 
children, at least two staff, including the 
administrator, shall complete this training. 

History Note: Authority G.S. ! 10-91(1). (8): 143B-168.3: 

Eff. January 1 . 1986: 

Amended Ejf. January 1. 1996: January 1. 1992: January 1, 

1991: Janua?y I. 1987: 

Temporary Amendment Eff. October 1. 1997; 



12:23 



NOR TH CAROLINA REGISTER June 1,1998 



2110 



■BnEmcRSKoa 



APPROVED RULES 



Amended Eff. July 1 . 1998. 

.0707 IN-SERVICE TRAINING REQUIREMENTS 

(a) Each child care center shall provide, or arrange for the 
provision of. training for staff to assure that each new staff 
person who has contact with the children will receive a minimum 
of 10 clock hours of on-site orientation within the first six weeks 
of employment. This orientation shall include training in their 
job-specific duties and responsibilities; a review of the child care 
licensing law and regulations; a review of the individual center's 
personnel and operational policies, purpose, and goals; an 
explanation of the role of state and local government agencies. 
their effect on the center, their availability' as a resource, and 
individual staff responsibilities to representatives of State and 
local government agencies; observation of center operations; 
maintaining a safe and healthy environment; and training to 
recognize symptoms of child abuse and neglect. 

(b) The child care administrator and any staff who have 
responsibilit) for planning and supervising a child care program, 
as well as staff who work directly with children, shall participate 
in in-service training activities annually, according to the 
individual's assessed needs. Staff may choose one of the 
following options for meeting the in-service requirement: 

( 1 ) Each staff person shall complete in-service training 
required in G.S. 110-91(11) as specified in the 
following Parts: 

(A) persons with a four->ear degree or higher 
advanced degree in a child care-related field of 
stud> from a regionalK- accredited college or 
universitv shall complete five clock hours of 
training annually. 

(B) persons with a two-year degree in a child 
care-related field of study from a regionally 
accredited college or university, or persons 
with a North Carolina Early Childhood 
Administration Credential or its equivalent 
shall complete eight clock hours of training 
annualK. 

(C) persons with a certificate or diploma in a child 
care-related field of study from a regionally 
accredited college or universit>. or persons 
with a North Carolina Early Childhood 
Credential or its equivalent shall complete 10 
clock hours of training annually. 

(D) persons employed on or after September 1. 
1986 with at least 10 years documented, 
professional experience as a teacher, director, 
or caregiver in a licensed child care 
arrangement shall complete 15 clock hours of 
training annualK . 

(E) all other persons shall complete 20 clock hours 
of training annualK. 

(2) For staff listed in Parts (b)( 1 ). (A). (B). (C) and (D) of 
this Rule, basic cardiopulmonan.' resuscitation (CPR) 
training required in Rule .0705 of this Section shall 
not be counted toward meeting annual in-service 
training. First aid training ma\ be counted once ever\ 
three vears. 



(3) If a child care administrator or lead teacher is 

currently enrolled in coursework to meet the staff 

qualification requirements in G.S. 110-91(8), the 

coursework may be counted toward meeting the 

annual in-service training requirement. 

(c) For staff working less than 40 hours per week on a regular 

basis and choosing the option for 20 hours of in-service training, 

the training requirement may be prorated as follows: 



rCING HOURS 


CLOCK HOURS 


e;rweek 


REQUIRED 


0-10 


5 


11-20 


10 


21-30 


15 


31-40 


20 



History- Note: Authority G.S. 1 10-91/1 ]}: 143B-168.3: 
Eff. Januarys 1. 1986: 

Amended Eff. Julx L 1998: October 1. 1991: November 1, 1989; 
July 1. 1988: January 1.1987. 

.0708 MEETING IN-SERVICE REQUIREMENTS 

Staff may meet the in-service training requirements by 
attending child-care workshops, conferences, seminars, or 
courses, provided each training activity satisfies the following 
criteria: 

( 1 ) Prior approval from the Division is not required for 
training offered by an accredited college or university, 
government agenc\ . or state or national professional 
organization or its recognized affiliates, provided the 
content complies with G.S. 1 10-91(1 1 ). 

(2) Prior approval from the Division is required on an 
annual basis for training provided by agencies and 
organizations which have staff who provide, or who 
arrange for the provision of. training for child care 
operators and staff To obtain such approval, the 
agency or organization shall submit its annual training 
plan to the Division. Approval shall be determined 
based upon the qualifications of the trainer(s). 

(3) Prior approval for training shall be obtained from the 
Division by an}' organization, association, or 
individual not included in Paragraphs (1) and (2) of 
this Rule. Approval shall be determined based upon 
the qualifications of the trainer(s). 

(4) No more than five clock hours of the 20 clock hours 
of training required annualK shall be provided on site 
by center staff This restriction shall not apply if the 
center staff providing the training have been approved 
according to the criteria outlined in either Paragraph 
(1) or (2) of this Rule. 

History Note: Authority G.S. 110-91(11): 143B-168.3: 
Eff. January 1. 1986: 

Amended Eff. Jut I 1998: November 1. 1989: July 1, 1988: 
Jamtan- 1. 1987. 



2111 



NORTH CAROLINA REGISTER 



June 1, 1998 



12:23 



APPROVED RULES 



.0712 STAFF/CHILD RATIOS FOR CENTERS WITH A LICENSED CAPACITY OF LESS THAN 30 CHILDREN 

(a) The staff/child ratios and group sizes for a child care center with a licensed capacity of less than 30 children are as follows: 













Maximum 






Age of Children 


No. 


Children 


No 


.Staff 


Group Size 


No 


.Staff 


Oto 12 Months 




5 






10 




2 


12 to 24 Months 




6 






12 




2 


2 to 3 Years 




10 






20 




2 


3 to 5 Years 




15 






25 




2 


5 Years and Older 




25 






25 




1 



(1 ) When only one caregiver is required to meet the staff/child ratio, and children under two years of age are in care, that person 
shall not concurrently perform food preparation or other duties which are not direct child care responsibilities. 

(2) When only one caregiver is required to meet the staff/child ratio, the operator shall select one of the following options for 
emergency relief: 

(A) The center shall post the name, address, and telephone number of an adult who has agreed in writing to be available 
to provide emergency relief and who can respond within a reasonable period of time; or 

(B) There shall be a second adult on the premises who is available to provide emergency relief 

(b) The staff/child ratios for a center located in a residence with a licensed capacity of three to 12 children when any preschool 
aged child is enrolled, or with a licensed capacity of three to 15 children when only school-aged children are enrolled are as follows: 

Additional number of 
school-aged children allowed 
3 
2 






Age of Children 


No. 


Children 


No 


. Staff 


Oto 12 Months 




5 






12 to 24 Months 




6 






2 to 1 3 Years 




10 






3 to 13 Years 




12 






All school-aged 




15 







History Note: Authority G.S. 110-91(7); 143B-168.3: 

Ejf. December 1, 1988: 

Amended Eff. July L 1998: July /, 1994: January 1. 1992; August 1. 1990. 

.0713 STAFF/CHILD RATIOS FOR CENTERS WITH A LICENSED CAPACITY OF 30 OR MORE CHILDREN 

(a) The staff/child ratios and group sizes for single-age groups of children in centers with a licensed capacity of 30 or more children 
shall be as follows: 













Maximum 






Age of Children 


No. 


Children 


No 


.Staff 


Group Size 


No 


.Staff 


Oto 12 Months 




5 






10 




2 


12 to 24 Months 




6 






12 




2 


2 to 3 Years 




10 






20 




2 


3 to 4 Years 




15 






25 




2 


4 to 5 Years 




20 






25 




2 


5 Years and Older 




25 






25 




1 



(b) In any multi-age group situation, the staff/child ratio for the youngest child in the group shall be maintained for the entire group. 



12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2112 



APPROVED RULES 



(c) Children younger than two years old may be cared for in groups with older children at the beginning and end of the operating 
day provided the staff/child ratio for the youngest child in the group is maintained. 

(d) A child two years of age and older may be placed with children under one year of age when a physician certifies that the 
developmental age of the child makes this placement appropriate. 

(e) When determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one 
age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to 
one child per group. 

(f) Except as provided in Paragraphs (c) and (d), children under one year of age shall be kept separate from children two years of 
age and over. 

(g) Children between the ages of 12 months and 24 months shall not be routinely grouped with older children unless all children 
in the group are less than three years old. 

(h) When only one caregiver is required to meet the staff/child ratio, and no children under two years of age are in care, that person 
may concurrently perform food preparation or other duties which are not direct child care responsibilities as long as supervision of 
the children as specified in Rule .0714(f) of this Section is maintained. 

(i) When only one caregiver is required to meet the staff/child ratio, the operator shall select one of the following options for 
emergency relief: 

( 1 ) The center shall post the name, address, and telephone number of an adult who has agreed in writing to be available to 
provide emergency relief and who can respond within a reasonable period of time; or 

(2) There shall be a second adult on the premises who is available to provide emergency relief. 

(j) Except as provided in Paragraph (h) of this Rule, staff members and administrators who are counted in meeting the staff/child 
ratios as stated in this Rule shall not concurrently perform food preparation or other duties which are not direct child care 
responsibilities. 

History Note: Authority G.S. 110-91(7); 143B-168.3; 

Eff December 1. 1988: 

Amended Eff. July 1. 1998: July 1, 1994: January I, 1992: August 1, 1990: November 1. 1989. 



.0714 OTHER STAFFING REQUIREMENTS 

(a) Each child care center shall have an administrator on site 
on a regular basis. The administrator shall be responsible for 
monitoring the program and overseeing administrative duties of 
the center. This requirement may be met by having one or more 
persons on site who meet the requirements for an administrator 
according to the licensed capacity of the center. The following 
hourly requirements are based on an administrator's normal 
working schedule and may include times when the administrator 
may be off site due to administrative duties, illness, or vacation. 

(1) Each center with a licensed capacity of less than 30 
children shall have an administrator on site for at least 
20 hours per week. 

(2) Each center with a licensed capacity of 30 to 79 
children shall have an administrator on site for at least 
25 hours per week. 

(3) Each center with a licensed capacity of 80 to 199 
children shall have an administrator on site for at least 
30 hours per week. 

(4) Each center with a licensed capacity of 200 or more 
children shall have an administrator on site for at least 
40 hours per week. 

(b) At least one person who meets the requirements for an 
administrator or lead teacher as set forth in this Section shall be 
on site during the center's operating hours except that a person 
who is at least 1 8 years old with at least a high school diploma 
or its equivalent and who has a minimum of one year's 
experience working with children in a child care center ma\ be 
on duty at the beginning or end of the operating day provided 
that: 

(1) No more than 10 children are present. 



(2) The staff person has worked in that center for at least 
three months. 

(3) The staff person is thoroughly familiar with the 
center's operating policies and emergency procedures. 

(c) At least one person who meets the requirements for a lead 
teacher shall be responsible for each group of children as 
defined in Rule .0 1 02 of this Subchapter except as provided in 
Paragraph (b) of this Rule. This requirement may be met by 
having one or more persons who meet the requirements for a 
lead teacher responsible for the same group of children. Each 
lead teacher shall be responsible for only one group of children 
at a time. Each group of children shall have a lead teacher in 
attendance for at least two-thirds of the total daily hours of 
operation, based on a normal working schedule and may include 
times when the lead teacher may not be in attendance due to 
circumstances such as illness or vacation. 

(d) A teacher is a person who is responsible to the lead 
teacher and assists with planning and implementing the daily 
program. 

(e) An aide shall not have full responsibility for a group of 
children except as provided in Paragraph (b) of this Rule. 

(f) Children shall be adequately supervised at all times. 
Adequate supervision shall mean that staff interact with the 
children while moving about the indoor or outdoor area, and are 
able to hear and see the children at all times, except when 
emergencies necessitate that direct supervision is impossible for 
brief periods of time. 

(g) For groups of children aged two years or older, the 
staff/child ratio during nap time is considered in compliance if 
at least one person is either in each room or is visually 
supervising all the children and if the total number of required 



2113 



NORTH CAROLINA REGISTER 



June 7. 1998 



12:23 



APPROVED RULES 



staff are on the premises and within calling distance of the rooms 
occupied by children. 

History Note: Authority G.S. 110-85(1): 1 10-91(7), (8): 

143B-168.3: 

Eff.Julyl, 1988: 

Amended Eff. July 1. 1998: January 1, 1996; October 1, 1991; 

November 1, 1989. 

SECTION .0800 - HEALTH STANDARDS FOR 
CHILDREN IN CENTERS 

.0803 ADMINISTERING MEDICATION 

(a) No drug or medication shall be administered to any child 
without specific instructions from the child's parent, a physician, 
or other authorized health professional. No drug or medication 
shall be administered after its expiration date. 

(1) Prescribed medicine shall be in its original container 
bearing the pharmacist's label which lists the child's 
name, date the prescription was filled, the physician's 
name, the name of the medicine or the prescription 
number, and directions for dosage, or be accompanied 
by written instructions for dosage, bearing the child's 
name, which are dated and signed by the prescribing 
physician or other health professional. Prescribed 
medicine shall be administered only to the person for 
whom it is prescribed. 

(2) Over-the-counter medicines, such as cough syrup, 
decongestant, acetaminophen, ibuprofen, topical 
teething medication, topical antibiotic cream for 
abrasions, or medication for intestinal disorders shall 
be in its original container and shall be administered 
as authorized in writing by the child's parent, not to 
exceed amounts and frequency of dosage specified in 
the printed instructions accompanying the medicine. 
The parent's authorization shall give the child's name, 
the specific name of the over-the-counter medicine, 
dosage instructions, the parent's signature, and the 
date signed. Over-the-counter medicine may also be 
administered in accordance with written instructions 
from a physician or other authorized health 
professional. 

(3) When any questions arise concerning whether 
medication provided by the parent should be 
administered, that medication shall not be 
administered without signed, written dosage 
instructions from a licensed physician or authorized 
health professional. 

(4) A written statement from a parent may give blanket 
permission for up to six months to authorize 
administration of medication for asthma and allergic 
reactions. A written statement from a parent may give 
blanket permission for up to one year to authorize 
administration of sunscreen and over-the counter 
diapering creams. The written statement shall 
describe the specific conditions under which these 
medications and creams are to be administered and 
detailed instructions on how they are to be 



administered. 
(5) A written statement from a parent may give blanket 
permission to administer a one-time, weight 
appropriate dose of acetaminophen in cases where the 
child has a fever and the parent cannot be reached. 

(b) Any medication remaining after the course of treatment is 
completed shall be returned to the child's parents. 

(c) Any time medication other than sunscreen or diapering 
creams is administered by center personnel to children receiving 
care, the child's name, the date, time, amount and type of 
medication given, and the name and signature of the person 
administering the medication shall be recorded. This 
information shall be noted on a medication permission slip, or on 
a separate form developed by the provider which includes the 
required information. This information shall be available for 
review by a representative of the Division during the time period 
the medication is being administered and for at least six months 
after the medication is administered. 

History Note: Authority G.S. 110-91(1), (9); 143B-168.3; 

Eff. January 1. 1986: 

Amended Eff. July L 1998 : January 1, 1996. 

.0804 INFECTIOUS AND CONTAGIOUS DISEASES 

(a) Centers may provide care for a mildly ill child who has a 
Fahrenheit temperature of less than 100 degrees axillary, 101 
degrees orally, or 102 degrees rectally and who remains capable 
of participating in routine group activities; provided the child 
does not: 

( 1 ) have the sudden onset of diarrhea characterized by an 
increased number of bowel movements compared to 
the child's normal pattern and with increased stool 
water; or 

(2) have two or more episodes of vomiting within a 12 
hour period; or 

(3) have a red eye with white or yellow eye discharge 
until 24 hours after treatment; or 

(4) have scabies or lice; or 

(5) have known chicken pox or a rash suggestive of 
chicken pox; or 

(6) have tuberculosis, until a health professional states 
that the child is not infectious; or 

(7) have strep throat, until 24 hours after treatment has 
started; or 

(8) have pertussis, until five days after appropriate 
antibiotic treatment; or 

(9) have hepatitis A virus infection, until one week after 
onset of illness or jaundice; or 

(10) have impetigo, until 24 hours after treatment; or 

(11) have a physician's or other health professional's 
written order that the child be separated from other 
children. 

(b) Centers which choose to provide care for mildly ill 
children shall: 

(1) follow all procedures to prevent the spread of 
communicable diseases described in 1 5 A NCAC 1 8 A 
.2800, "Sanitation of Child Day Care Facilities", as 
adopted by the Health Services Commission; 



12:23 



NOR TH CAROLINA REGISTER June 1,1998 



2114 



WtR'L^JUnXBX 



APPROVED RULES 



(2) separate from the other children any child who 
becomes ill while in care or who is suspected of 
having a communicable disease or condition other 
than as described in Paragraph (a) of this Rule until 
the child leaves the center: 

(3) notifv all parents at enrollment that the center will be 
providing care for mildh ill children: 

(4) immediately notify the parent of any child who 
becomes ill while in care or who is suspected of being 
ill with a communicable condition other than as 
described in Paragraph (a) of this Rule that the child 
is ill and may not remain in care; 

(5) immediately notify the parent of any sick child in care 
if the child's condition worsens while the child is in 
care. 

History Note: Authority G.S. 1 10-91(1). (2): 143B-168.3: 

Ejf. January 1 . 1986: 

Amended Eff. My_ L 1998: November 1, 1991; November 7, 

1989. 

SECTION .0900 - NUTRITION REQUIREMENTS FOR 
CENTERS 

.0901 GENERAL NUTRITION REQUIREMENTS 

(a) Meals and snacks served shall comply with the Meal 
Patterns for Children in Child Care standards which are based on 
the recommended nutrient intake judged by the National 
Research Council to be adequate for maintaining good nutrition. 
The types of food, number and size of servings shall be 
appropriate for the ages and developmental levels of the children 
in care. The Meal Patterns for Children in Child Care nutrition 
standards are incorporated by reference and include subsequent 
amendments. A copy of these standards is available free of 
charge from the Division at the address in Rule .0102( 1 ) of this 
Subchapter. 

(b) Menus for nutritious meals and snacks shall be planned at 
least one week in advance. At least one dated copy of the 
current week's menu shall be posted where it can be seen easily 
by parents and food preparation staff when food is prepared or 
provided by the center, except in centers with a licensed capacity 
of three to 12 children located in a residence. A variety of food 
shall be included in meals and snacks. Any substitution will be 
of comparable food value and will be recorded on the menu. 

(c) When children bring their own food for meals or snacks 
to the center, if the food does not meet the nutritional 
requirements specified in (a) of this Rule, the center must 
provide additional food necessan,- to meet those requirements. 

(d) Drinking water must be freeK available to children of all 
ages and offered at frequent intervals. Approved drinking 
fountains or individual drinking utensils shall be provided. 
When a private water suppK is used, it must be tested b> and 
meet the requirements of the Department of Environment and 
Natural Resources. 

(e) Children's special diets or food allergies shall be posted in 
the food preparation area and in the child's eating area. 

(f) The food required by special diets may be provided by the 
center or ma> be brought to the center b\ the parents. If the diet 



is prescribed by a health care provider, a statement signed by the 
health care provider shall be on file at the center and written 
instructions shall be provided by the child's parent, health care 
provider, or a registered dietitian. If the diet is not prescribed by 
a health care provider, written instructions shall be provided by 
the child's parent and shall be on file at the center. 

(g) Food and beverages with little or no nutritional value 
served as a snack, such as sweets, fruit drinks, soft drinks, etc., 
will be available only for special occasions. 

History Note: Authority G.S. 110-91(2); 143B-168.3; 

Eff. January 1 . 1986; 

.Amended Eff. My L 1998; October 1. 1991; November 1, 1989. 

.0902 GENERAL NUTRITION REQUIREMENTS FOR 
INFANTS 

(a) The parent or health care provider of each child under 15 
months of age shall provide the center an individual written 
feeding schedule for the child. This schedule must be followed 
at the center. This schedule must include the child's name, be 
signed by the parent or health care provider, and be dated when 
received by the center. Each infant's schedule shall be modified 
in consultation, with the child's parent and/ or health care 
provider, to reflect changes in the child's needs as he or she 
develops. The feeding instructions for each infant shall be 
posted for quick reference b>' the caregivers, except in centers 
licensed for three to 12 children located in a residence. 

(b) Each infant will be held for bottle feeding until able to 
hold his or her own bottle. Bottles will not be propped. Each 
child will be held or placed in feeding chairs or other age- 
appropriate seating apparatus to be fed. 

History Note: Authority' G.S. 1 10-91(2); 143B-168. 3; 

Eff. January 1. 1986; 

Amended Eff. My L 1998: October 1. 1 991; November 1. 1989. 



SECTION. 1000 



TRANSPORTATION STANDARDS 
FOR CENTERS 



.1001 SEAT RESTRAINTS 

(a) Each adult and child shall be restrained with an individual 
seat belt or appropriate child restraint device when the vehicle is 
in motion. 

(b) OnK one person shall occup\ each seat belt or child 
restraint device. 

(c) Children shall not occupy the front seat if the vehicle is 
equipped with an operational passenger side airbag. 

(d) Except for when children under two years of age are 
transported, the restraint requirements in this Rule do not appK 
to vehicles not required b>' federal or state law to be equipped 
with seat restraints. 



.iuthoritY- G.S 110-91: 



110-91(13); 



History Note: 

143B-I68.3; 

Eff.Januatyl. 1986; 

.Amended Eff. Mx L 1998; July 1. 1995; November 1. 1989; 

JuIy 1. 1988; January- 1, 1987. ' 



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.1002 SAFE VEHICLES 

(a) All vehicles used to transport children shall be in good 
repair, safe, and free of hazards such as torn upholstery that 
allows children to remove the interior padding or hurt 
themselves, broken windows, and holes in the floor or roof 

(b) Vehicles shall be insured for liability as required by State 
laws governing transportation of passengers. 

(c) Vehicles used to transport children in snowy, icy, and 
other hazardous weather conditions must be equipped with snow 
tires, chains, or other safety equipment as appropriate. 

History Note: Authority G.S. 110-91: 110-91(13): 

1 43 B- 168.3: 

Ef. January 1, 1986: 

Amended Eff. July 1, 1998. 

.1003 SAFE PROCEDURES 

(a) The driver or other adult in the vehicle shall assure that all 
children are received by a responsible person. 

(b) Each center shall establish safe procedures for pick-up 
and delivery of children. These procedures shall be 
communicated to parents, and a copy shall be posted in the 
center where they can easily be seen. Centers licensed for three 
to 12 children located in a residence are not required to post 
these procedures. 

(c) A first-aid kit shall be located in each vehicle used on a 
regular basis to transport children. The first-aid kit shall be 
firmly mounted or otherwise secured if kept in the passenger 
compartment. 

(d) Emergency and identification information about each 
child must be in the vehicle whenever children are being 
transported. 

(e) The driver shall be 1 8 years old or a duly licensed school 
bus driver and have a valid driver's license of the type required 
under North Carolina Motor Vehicle Law for the vehicle being 
driven or comparable license from the state in which the driver 
resides and no convictions of Driving While Impaired (DWI) or 
any other impaired driving offense within the last three years. 

(f) Each person in the vehicle must be seated in the 
manufacturer's designated areas. No child shall ride in the load 
carrying area or floor of a vehicle. 

(g) Children shall never be left in a vehicle unattended by an 
adult. 

(h) Children shall be loaded and unloaded from curbside, or 
in a safe, off-street area, out of the flow of traffic, so that they 
are protected from all traffic hazards. 

History Note: Authority G.S. 110-91: 110-91(13): 

1 43 B- 168.3: 

Effi January 1. 1986: 

Amended Eff. My L 1998: October I. 1991: January' 1. 1987. 



1 10-91(4), the North Carolina Building Code standards for child 
care centers in operation prior to April 1, 1972 developed by the 
Building Code Council are hereby incorporated by reference by 
the Child Care Commission and do not include any subsequent 
amendments. This Rule does not apply to small group facilities 
described in Rule .1303 of this Section. A copy of the North 
Carolina Building Code standards is on file at the Division of 
Child Development located at the address given in Rule .0102 of 
this Subchapter and will be available for public inspection 
during regular business hours. 

History Note: Authority G.S. 110-91(4): 143B-168.3: 
Eff. January 1, 1986: 
Amended Eff. July 1 . 1998. 

.1302 BUILDING CODE REQUIREMENTS FOR 
CHILD CARE CENTERS 

For the purpose of carrying out the provision of G.S. 
110-91(4), the North Carolina Building Code standards in 
Volume 1 , General Construction, for child care centers originally 
in operation on or after April 1. 1972 developed by the Building 
Code Council are hereby incorporated by reference by the Child 
Care Commission and include subsequent amendments. This 
Rule does not apply to small group facilities described in Rule 
.1303 of this Section. A copy of the North Carolina Building 
Code standards is on file at the Division of Child Development 
located at the address given in Rule .0102 of this Subchapter and 
will be available for public inspection during regular business 
hours. 

History Note: Authority G.S. 110-91(4): 143B-168.3; 

Eff.Januaiyl. 1986: 

.Amended Eff. July L 1998: January 1. 1987. 

.1303 BUILDING CODE REQUIREMENTS FOR 
SMALL GROUP FACILITIES LICENSED 
PRIOR TO 7/1/88 
For the purpose of carrying out the provisions of G.S. 
1 1 0-9 1 (4), the North Carolina Building Code standards for small 
group day care facilities (6-15 children) licensed prior to July 1, 
1988 developed by the Building Code Council are hereby 
incorporated by reference by the Child Care Commission and do 
not include any subsequent amendments. A copy of the North 
Carolina Building Code standards is on file at the Division of 
Child Development located at the address given in Rule .0102 of 
this Subchapter and will be available for public inspection 
during regular business hours. 

History Note: Authority G.S 110-91(4): 143B-168.3; 
Eff. January 1, 1986: 
Amended Eff. July 1. 1998. 



SECTION .1300 - BUILDING CODE REQUIREMENTS 
FOR CHILD CARE CENTERS 

.1301 BUILDING CODE REQUIREMENTS IN 
OPERATION PRIOR TO 4/1/72 

For the purpose of carrying out the provisions of G.S. 



.1304 REQUIREMENTS FOR CHILD CARE 

CENTERS LICENSED IN A RESIDENCE 

For the purpose of carrying out the provisions of G.S. 1 10- 
91(4), the North Carolina Building Code standards in Volume I, 
General Construction, for Large Day Care Homes developed by 
the Building Code Council are hereby incorporated by reference 



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APPROVED RULES 



by the Child Care Commission and include subsequent 
amendments for child care centers licensed in a residence for 
three to 12 children when any preschool-aged children are in 
care, or for three to 15 children when onK school-aged children 
are in care. A copy of the North Carolina Building Code 
standards is on file at the Division of Child Development located 
at the address given in Rule .0102 of this Subchapter and will be 
available for public inspection during regular business hours. 

History- Note: Authority G.S. 110-91(4): 143B-168.3; 
Efr.JulYl. 1998. 

SECTION .1400 - SPACE REQUIREMENTS FOR 
CENTERS 

.1401 INDOOR SPACE 

(a) Indoor space on which licensed capacity is based will be 
referred to as "priman. space". The licensing consultant will 
measure all primary space that will routinely be used b\ children 
who attend the center, except that the following will not be 
included: closets. hallwa\s. storage areas, kitchens, bathrooms, 
utility areas: thresholds. fo>ers. space or rooms used for 
administrative activities or space occupied b\ adult-sized desks, 
cabinets, file cabinets, etc.: single-use rooms, including music 
rooms, isolatioasick rooms, gymnasiums, dining rooms, sleep 
rooms: anv' floor space occupied b\ or located under equipment, 
furniture, or materials not used b}' children; and am floor space 
occupied by or located imder built-in equipment or furniture. 

( 1 ) An\ single-use room used b\ the children for sleeping 
only, either during nap time or any other time, will 
also be measured by the Division's representative to 
assure that the a\'ailable floor space provides 200 
cubic feet of air space per child for the maximum 
number of children who will sleep in that room at an\ 
time. 

(2) All measurements \\\\\ be rounded off to the nearest 
inch. 

(3) Total space on which the licensed capacity is based 
will be the sum of the measurements of all primary 
space to be used by the children. However, no room 
will routineK' be occupied by more children than the 
primary space in that room will accommodate at 25 
square feet of space per child. This is not meant to 
preclude grouping children together periodicalK for 
special acti\ ities. such as to view films or slides: for 
special presentations, such as puppet or magic shows, 
a special storv teller, a discussion of safet> practices 
by a fireman or nurse, etc. However, care must be 
taken to assure that during such special activities, the 
room used is not so overcro\sded that the children and 
staff would be endangered in case of a fire or other 
emergencN necessitating e\acuation of the center. 

(b) For centers with a licensed capacitv of three to 12 children 
located in a residence, the dining area of a kitchen may be 
counted if it is routinely used for children's activities in addition 
to eating. 

(c) Paragraph (a) of this Rule shall apply only to child care 
centers initially licensed on or after Februar\ 1. 1985. 



History Note: Authority G.S. 1 10-91(6): 143B-168.3; 

Eff. January 1, 1986: 

.Amended Ejf.MvL 1998: November 1. 1989. 

SECTION .1700 - FAMILY CHILD CARE HOME 
STANDARDS 

.1705 HEALTH AND TRAINING REQUIREMENTS 
FOR FAMILY CHILD CARE HOME 
OPERATORS 

(a) Prior to receiving a license, each family child care home 
operator shall: 

(1) Complete and keep on file a health questionnaire 
which attests to the operator's physical and emotional 
ability to care for children. The Division ma\ require 
a written statement or medical examination report 
signed bs a licensed physician or other authorized 
health professional if there is reason to believe that 
the operator's health may adversely affect the care of 
the children. 

(2) Obtain written proof that he or she is free of active 
tuberculosis. The results indicating the individual is 
free of active tuberculosis shall be obtained within 12 
months prior to applying for a license. 

(3) Complete within 12 months prior to applying for a 
license a basic first aid course that at a minimum, 
shall address principles for responding to 
emergencies, techniques for rescue breathing, and 
techniques for handling common childhood injuries, 
accidents and illnesses such as; choking, bums. 
fractures, bites and stings, wounds, scrapes, bruises, 
cuts and lacerations, poisoning, seizures, bleeding, 
allergic reactions. e>e and nose injuries and sudden 
changes in body temperature. 

(4) Successfully complete within 12 months prior to 
applying for a license a course b\ the American Heart 
Association or the American Red Cross or other 
organizations approved b>' the Division, in 
cardiopulmonarN resuscitation (CPR) appropriate for 
the ages of children in care. Other organizations will 
be approved if the Division determines that the 
courses offered are substantially equivalent to those 
offered b) the American Red Cross. Successfully 
completed is defmed as demonstrating competencv . as 
evaluated b\' the instructor, in performing CPR. 
Documentation of successful completion of the course 
from the American Heart Association, the American 
Red Cross, or other organization approved b>' the 
Division shall be on file in the home. 

(b) After receiving a license, an operator shall; 

(1) Update the health questionnaire referenced in 
Paragraph (a) of this Rule annualK . The Di\ ision 
ma) require the operator to obtain written proof that 
he or she is free of active tuberculosis. 

(2) Complete a first aid course as referenced in Paragraph 
(a) of this Rule every three jears. 

(3) SuccessfiilK complete a CPR course armualK as 
referenced in Paragraph (a) of this Rule. 



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APPROVED RULES 



(4) Complete 12 clock hours of annual in-service training 
in the topic areas required by G.S. 110-91(11). 

(A) Persons with at least 10 years work experience 
as a caregiver in a regulated child care 
arrangement shall complete eight clock hours 
of annual in-service training. 

(B) Only training which has been approved by the 
Division as referenced in Rule .0708 of this 
Subchapter shall count toward the required 
hours of annual in-service training. 

(C) The operator shall maintain a record of annual 
in-service training activities in which he or she 
has participated. The record shall include the 
subject matter, the topic area in G.S. 110- 
91(11) covered, the name of the training 
provider or organization, the date training was 
provided and the number of hours of training 
completed. 

(D) First aid training may be counted once every 
three years. 

History Note: Authority G.S. 110-88: 1 10-91: 143B-168 3: 

Eff. January 1. 1986; 

Amended Eff. July 1. 1998; November 1. 1989: January 1, 1987. 

.1718 REQUIREMENTS FOR DAILY OPERATIONS 

The operator shall provide the following on a daily basis for 
all children in care: 

(1) meals and snacks which comply with the Meal 
Patterns for Children in Child Care standards which 
are based on the recommended nutrient intake judged 
by the National Research Council to be adequate for 
maintaining good nutrition. The types of food and 
number and size of servings shall be appropriate for 
the ages and developmental levels of the children in 
care. The Meal Patterns for Children in Child Care 
nutrition standards are incorporated by reference and 
include subsequent amendments. A copy of these 
standards is available free of charge from the Division 
at the address in Rule .0 1 02 of this Subchapter 

(a) No child shall go more than four hours without 
a meal or a snack being provided. 

(b) Drinking water shall be freely available to 
children and offered at frequent intervals. 

(c) When milk, milk products, or fruit juices are 
provided by the operator, only pasteurized 
products or products which have undergone an 
equivalent process to pasteurization shall be 
used. Any formula which is prepared by the 
operator shall be prepared according to the 
instructions on the formula package or label, or 
according to written instructions from the 
child's health care provider. 

(d) Each infant will be held for bottle feeding until 
able to hold his or her own bottle. Bottles will 
not be propped. Each child will be held or 
placed in feeding chairs or other age- 
appropriate seating apparatus to be fed. 



(e) The parent or health care provider of each child 
imder 15 months of age shall provide the 
operator an individual written feeding schedule 
for the child. This schedule shall be followed 
at the home. This schedule shall include the 
child's name, be signed by the parent or health 
care provider, and be dated when received by 
the operator. Each infant's schedule shall be 
modified in consultation with the child's parent 
and/or health care provider to reflect changes 
in the child's needs as he or she develops. 

(2) frequent opportunities for outdoor play or fresh air. 

(3) an individual sleeping space such as a bed, crib, play 
pen, cot, mat, or sleeping bag with individual linens 
for each pre-school aged child in care for four hours 
or more, or for all children if overnight care is 
provided, to rest comfortably. The linens shall be 
changed weekly or whenever they become soiled or 
wet. 

(4) a quiet, separate area which can be easily supervised 
for children too sick to remain with other children. 
Parents shall be notified immediately if their child 
becomes too sick to remain in care. 

(5) visual supervision for all children who are awake. 
The operator shall be able to hear and respond quickly 
to those children who are sleeping or napping. 

(6) developmentally appropriate activities as planned on 
a written schedule. Materials and/or equipment shall 
be available to support the activities listed on the 
written schedule. The written schedule shall: 

(a) show blocks of time usually assigned to types 
of activities and shall include periods of time 
for both active play and quiet play or rest; and 

(b) be displayed in a place where parents are able 
to view; and 

(c) reflect daily opportunities for both free-choice 
and guided activities. 

Historv Note: Authority' G.S. 110-88; 1 10-91 (2),(12); 
Eff. July 1. 1998. 

.1719 REQUIREMENTS FOR A SAFE 

INDOOR/OUTDOOR ENVIRONMENT 

The operator shall make all necessary efforts to provide a safe 
indoor and outdoor environment for the children in care. The 
operator shall: 

(1) keep all areas used by the children, indoors and 
outdoors, clean and orderly and free of items which 
are potentially hazardous to children. This includes 
the removal of small items that a child can swallow. 
In addition, loose nails or screws and splinters shall 
be removed on inside and outside equipment. 

(2) safely store equipment and supplies such as 
lawnmowers, power tools, or nails, so they are 
inaccessible to children. 

(3) ensure that all stationary outdoor equipment is firmly 
anchored and is not installed over concrete or asphalt. 
Footings which anchor the equipment shall not be 



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APPROVED RULES 



exposed. 

(4) securely mount electric fans out of the reach of 
children or have a mesh guard on each fan. 

(5) cover all electrical outlets not in use and remove old, 
cracked or frayed cords in occupied outlets. 

(6) have solid and safe indoor and outdoor stairs and 
steps if these are used b\ the children. Indoor and 
outdoor stairs with two or more steps which are used 
by the children shall be railed. Indoor stairs with 
more than two steps shall be made inaccessible to 
children in care who are Uvo \ears old or younger. 

(7) maintain ans' swimming pools or wading pools on the 
premises in a manner which will safeguard the lives 
and health of the children. All swimming or wading 
pools used by children in care shall meet the "Rules 
Governing Public Swimming Pools," in accordance 
with 15A NCAC 18A .2500 which are hereb> 
incorporated by reference including subsequent 
amendments. A copy of these Rules is on file at the 
Division at the address given in Rule .0102 of this 
Subchapter or may be obtained at no cost by writing 
the North Carolina Department of Environment and 
Natural Resources, Division of Environmental Health, 
PO Box 29534. Raleigh, NC 27626-0534. 

(8) enclose any in-ground swimming pools b\ a fence 
four feet high to prevent chance access b> children. 
The swimming pool shall be separate from the play 
area. Access to the w ater in above ground swimming 
pools shall be prevented b\ locking and securing the 
ladder in place or storing the ladder in a place 
inaccessible to the children. 

(9) ensure that animals that are potential!) dangerous to 
children as determined b> the Division are safeK 
secured in areas not accessible to the children in care. 

History- Note: A uthority G.S. 1 1 0-88; 91(3/. (4). (5), (6): 
Eff. July 1. 1998. 

.1721 REQUIREMENTS FOR RECORDS 

(a) The operator shall maintain the following health records 
for each child who attends on a regular basis: 

(1) a cop>' of the child's health assessment as required by 
G.S. 'l 10-91(1). 

(2) a copy of the child's immunization record. 

(3) a health and emergenc\ information form pro\'ided b\ 
the Di\ision that is completed and signed b>' the 
child's parents or guardian. The completed form shall 
be on file the first daN- the child attends. An operator 
ma> use another form other than the one pro\ided b\' 
the Division, as long as the form includes the 
following information: 

(A) the child's name, address, and date of birth; 

(B) the names of individuals to whom the child 
may be released; 

(C) the general status of the child's health; 

(D) an\ allergies or restrictions on the child's 
participation in activities with specific 
instructions from the child's parent or 



m 

be 



physician; 

(E) the names and phone numbers of persons to be 
contacted in an emergency situation; 

(F) the name and phone number of the child's 
physician and preferred hospital; 

(G ) notarized authorization for the operator to seek 
emergency medical care in the parent's 
absence. 

(4) when medication is administered, authorization for the 

operator to administer the specific medication 

according to the parent's or physician's instructions. 

(b) The operator shall complete and maintain other records 

which shall include: 

(1) documentation for the operator's procedures 
emergency situations, on a form which shall 
provided by the Division. 

(2) documentation that monthly fire drills are practiced. 
The documentation shall include the date each drill is 
held, the time of day, the length of time taken to 
evacuate the home, and the operator's signature. 

(3) incident reports that are completed each time a child 
receives medical treatment by a physician, nurse, 
physician's assistant, nurse practitioner, community 
clinic, or local health department, as a result of an 
incident occurring while the child is in the family 
child care home. Each incident shall be reported on a 
form provided b\ the Division, signed b\ the operator 
and the parent, and maintained in the child's file. A 
copv shall be mailed to a representative of the 
Division u ithin seven calendar da\ s after the incident 
occurs. 

(4) an incident log which is filled out any time an incident 
report is completed. This log shall be cumulative and 
maintained in a separate file and shall be available for 
review by a representative of the Division. This log 
shall be completed on a form supplied b\ the 
Division. 

(5) documentation that a monthly check for hazards on 
the outdoor play area is completed. This form shall be 
supplied by the Division and shall be maintained in 
the family child care home for review by a 
representative of the Division. 



History Note: A uthority G.S. 11 0- 
Eff.Julxl. 1998. 



110-91(11.(9): 



.1723 TRANSPORTATION REQUIREMENTS 

To assure the safetv- of children v\henever thev' are transported, 
the operator, or any other transportation provider, shall: 

( 1 ) have written permission from a parent or guardian to 
transport his or her child and notify' the parent when 
and where the child is to be transported. 

(2) ensure that all children regardless of age or location in 
the vehicle shall be restrained by individual seat belts 
or child restraint devices. OnK one person shall 
occupy each seat belt or child restraint de\ ice. 

(3) have a valid driver's license issued by the Division of 
Motor Vehicles, not including a limited permit. 



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APPROVED RULES 



(4) ensure that each child is seated in a manufacturer's 
designated area. 

(5) ensure that a child shall not occupy the front seat if 
the vehicle has an operational passenger side airbag. 

(6) never leave children in a vehicle unattended by an 
adult. 

(7) have emergency and identification information about 
each child in the vehicle whenever children are being 
transported. 

History Note: Authority G.S. 110-91; 110-91(13); 
Eff.Julvl. 1998. 

SECTION .2500 - CARE FOR CHILDREN IN SCHOOL- 
AGE PROGRAMS 

.2506 GENERAL SAFETY REQUIREMENTS 

(a) First aid equipment shall always be available regardless of 
where activities are provided. 

(b) All regulations in Rule .1403 regarding swimming pools 
apply. 

(c) Potentially hazardous items, such as archery equipment, 
firearms and ammunition, hand and power tools, propane stoves, 
or chemicals shall be used by children only when adult 
supervision is provided. Such potentially hazardous items, 
whether or not intended for use by the children, shall be stored 
in locked areas or with other appropriate safeguards, or shall be 
removed from the premises. 

(d) All children shall be adequately supervised. Adequate 
supervision means staff shall be with the group of children and 
able to hear and see each child in his/her care, except: 

(1) Children who are developmentally able may be 
permitted to go to the resfroom independently, 
provided that: 

(A) Staff members' proximity to children assures 
immediate intervention to safeguard a child 
from harm; and 

(B) Individuals who are not staff members may not 
enter the restroom area while in use by any 
child; and 

(C) Children up to nine years of age are supervised 
by staff members who are able to hear the 
child. Children nine years of age and older are 
not required to be directly supervised, however, 
staff members shall know the whereabouts of 
children who have left their group to use the 
resfroom. 

(2) Adequate supervision for children ages nine and older 
means that staff shall be with the group of children 
and able to hear or see each child in his/her care. A 
staff member shall accompany any children that leave 
the group to go indoors or outdoors. 

(3) When emergencies necessitate that direct supervision 
is impossible for brief periods of time. 

(e) Children shall wear life jackets whenever they participate 
in boating, rafting or canoeing activities and children riding 
bicycles shall wear bicycle safety helmets. 



History Note; Authority G.S. 110-91; 143B-168.3; 

Effi July 1, 1988; 

Amended Ejf. July L 1998; September 1. 1990. 

.2510 STAFF QUALIFICATIONS 

(a) The following staff requirements shall apply to a part-time 
school-age or seasonal school-age program: 

(1) The individual who is responsible for ensuring the 
administration of the program, whether on-site or off- 
site, shall: 

(A) Be at least 2 1 years old and have at least one 
year of full-time experience or two summers' 
experience working with school-age children in 
a school-age care program or camp setting 
prior to employment; and 

(B) Meet the requirements for a child care 
administrator in G.S. 1 10-91(8). 

(2) At least one individual who is responsible for 
planning and ensuring the implementation of daily 
activities for a school-age program (who may be 
called a program coordinator) shall: 

(A) Be at least 1 8 years old and have a high school 
diploma or its equivalent prior to employment; 
and 

(B) Have completed two semester credit hours in 
child and youth development and two semester 
credit hours in school-age programming. Each 
individual who does not meet this requirement 
shall enroll in coursework within six months 
after becoming employed or by September 1 , 
1999, whichever is later, and shall complete 
this coursework within 18 months of 
enrollment; 

(C) In a part day program be on site when children 
are in care. For a full day program be on site 
for two thirds of the hours of operation. This 
may include times when the individual may be 
off site due to illness or vacation. 

(3) All other staff (who may be called group leaders or 
assistant group leaders) shall be at least 16 years of 
age and complete seven clock hours of school-age 
program training approved by the Division. The 
school-age program training shall include the 
following topics: child care regulations; quality 
school-age care; school-age child development; 
positive behavior management practices; age- 
appropriate activities; curriculum and environmental 
design; and health, safety, and playground fraining. 

(A) Staff in part-time school-age programs shall 
complete the school-age program training 
within three months of becoming employed. 

(B) Staff in seasonal school-age programs shall 
complete the school-age program training 
within six weeks of becoming employed. 

(b) The following staff requirements shall apply to a school- 
age program that operates on a full year basis and offers full time 
care for school-age children: 

(1) The individual who is responsible for the 



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administration of the program, whether on-site or off- 
site, shall meet the requirements in Subparagraph 
(a)(1) of this Rule. 

(2) At least one individual who is responsible for 
planning and ensuring the implementation of the daily 
activities for a school-age program shall meet the 
requirements in Subparagraph (a)(2) of this Rule. 

(3) All other staff shall meet the requirements in 
Subparagraph (a)(3) of this Rule within three months 
of becoming employed. 

(c) The following staff requirements shall apply to a school- 
age program which operates on a full year basis as a component 
of a center which also provides care to preschool-age children: 

( 1 ) The individual who is on-site and responsible for the 
administration of the program shall meet the 
requirements for child care administrator in G.S. 1 10- 
91(8) and Section .0700 of this Subchapter. 

(2) At least one individual responsible for planning and 
ensuring the implementation of the daily activities for 
the school-age component of the program shall: 

(A) Meet the requirements in Subparagraph (a)(2) 
of this Rule; or 

(B) Have a North Carolina Early Childhood 
Credential or its equivalent and complete the 
school-age program training described in 
Subparagraph (a)(3) of this Rule within three 
months of becoming employed. 

(3) All other staff working in the school-age component 
of the program shall complete the school-age program 
training described in Subparagraph (a)(3) of this Rule 
within three months of becoming employed. 

(d) The special training requirements in Rule .0705 shall 
appK to all programs for school-age children. 

(e) Whenever children participate in swimming or other 
aquatic activities, the following provisions shall appK : 

(1 ) The children shall be supervised by persons having 
life saving certificates, issued by the Red Cross or 
other issuing entity approved by the Division 
appropriate for the type of body of water and type of 
aquatic activities: 

(A) One lifeguard is required for groups of 25 or 
fewer children. 

(B) Two lifeguards are required for groups of 26 or 
more children. 

(2) A person with lifeguard certification is not required 
when there are no more than 12 children present and 
the body of water has no portion deeper than 30 
inches and the total surface area is not more than 400 
square feet. The children shall be supervised b> at 
least one adult who is certified to perform 
cardiopulmonary resuscitation appropriate for the ages 
of children in care. 

(f) All staff shall participate in at least three hours of 
documented orientation related to the program's policies, 
activities and child safety within six weeks of assuming 
responsibility for supervising a group of children. 

(g) The health requirements for staff and volunteers in Rule 
.0701 - .0702 shall apply. 



(h) All staff under age 18 counted toward meeting the 
required staff/child ratio shall work under the direction of 
another staff person at least 21 years of age. 

(i) When an individual has responsibility for both 
administering the program and planning and ensuring the 
implementation of the daily activities of a school-age program, 
the individual shall meet the staff requirements for an 
administrator and shall complete the seven hours of school-age 
program training. 

(j) Completion of the seven clock hour school-age program 
training shall count toward meeting one year's annual on-going 
training requirements in Section .0700 of this Subchapter. 

History Note: Authority G.S. 1 10-91(8). (1 1): 143B-168.3; 

Ejf. July 1. 1988: 

Amended Eff. July LI998j_ January 1. 1992: September 1. 1990. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SUBCHAPTER 14V - RULES FOR MENTAL HEALTH, 

DEVELOPMENTAL DISABILITIES, AND 
SUBSTANCE ABUSE FACILITIES AND SERVICES 

SECTION .7100 - THOMAS S. DEATH REPORTING 
AND REVIEW 

.7104 DEATH REVIEW REQUIREMENTS 

The death of any prospective or confirmed class member not 
residing in a state facility shall be reviewed by a local committee 
designated by the Area Director. 

(1) The committee designated to review deaths shall 
include a physician. There must be a provision for 
substitution if existing committee members were 
involved in the case at issue. 

(2) The committee shall review relevant aspects of the 
individual's care in order to identifS any acts, policies, 
or practices which may have contributed to the death. 
The committee shall have access to all medical 
records, hospital records and records maintained by 
the State, any county, or any local agency necessary to 
carry out the purposes of this Section, including 
police investigations data, medical examiner 
investigative data, health records, mental health 
records and social services records, as designated in 
G.S. 122C-112(a)(15). 

(3) The committee shall investigate and anaKze any 
circumstances surrounding the death that it considers 
to be unusual, as specified in G.S. 122C-1 12(a)(15). 

(4) A report from the area authority shall be issued 
following each review and sent to the Thomas S. 
Services Section. Division of MH/DD/SAS within 90 
days of the death of a confirmed class member, and 
within 90 days of the area program being notified of 
the death of a prospective class member. This report 
shall include the following: 

(a) name and unique ID; 

(b) date and place of death; 

(c) residential and vocational providers and 



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addresses; 

(d) age and diagnoses; 

(e) circumstances surrounding the death; 

(f) medical information/history, including medical 
diagnoses, medications, recent treatment, and 
the cause of death; 

(g) brief description of staff responses to medical 
needs around the time of death; 

(h) involvement, if applicable, by law enforcement 

or other agencies; 
(i) summary of unusual circumstances leading to 

the death; 
(j) actions taken and recommendations; 
(k) signature of person preparing the report and 

date; 
(1) Area Program medical director review and 

comments, if the report was not prepared by 

the medical director; and 
(m) a copy of the death certificate. 
The report shall address any local policies or practices 
that have been or will be revised as a result of the 
review; and state policies or practices that should be 
re-examined as a result of the review. The report shall 
not contain confidential peer review information 
produced solely imder the proceedings of a quality 
assurance committee established under G.S. 122C- 
191. 
(5) In order to facilitate adequate follow-up and review in 
Area Programs, the Division's Pioneer and Thomas S. 
Unit Cost Reimbursement Systems, as defined in 1 
NCAC 14C .1148 and .1155 shall be available for 
billing under QA-Peer Review Activity or Quality 
Improvement/Quality Assurance Activity, following 
the death of a Thomas S. class member. 

History Note: Authority G.S. 108A-99: 108A-100: I08A-10J: 
I08A-W2; 108A-103: 108A-104: 108A-105: 108A-I06; 108A- 
107: 108A-W8: 108A-I09: 108A-110: 108A-1I1: 122C- 
112(a)(15): 122C-191: 130A-383; 130A-389; 130A-398; 
Eff. Ausust l. 1998. 



TITLE 11 - DEPARTMENT OF INSURANCE 

CHAPTER 5 - FIRE AND RESCUE SERVICES 
DIVISION 

SUBCHAPTER 5C - WORKER'S COMPENSATION 
FUND 

SECTION .0100 - GENERAL PROVISIONS 

.0103 ROSTER OF COVERED INDIVIDUALS 

Each year every eligible unit shall determine and report to the 
unit's governing body the names of the individual members of 
the eligible unit who are covered by the Fund. The governing 
body shall, upon determination of the validity and accuracy of 



the information, certify the information to the Commission by 
Jime 30 of each year. 

History Note: Authority G.S. 58-87-10; 
Eff. August 1. 1998. 

CHAPTER 8 - ENGINEERING AND BUILDING 
CODES 

SECTION .1300 - HOME INSPECTOR CONTINUING 
EDUCATION 

.1301 DEFINITIONS 

(a) As used in this Section: 

( 1 ) "Credit hour" means one continuing education course 
hour, comprising at least 50 minutes of instruction. 

(2) "License period" means October 1 through the 
following September 30. 

(3) "Licensee" means a home inspector or associate home 
inspector licensed by the Board under G.S. 143, 
Article 9F and Section .1000 of this Chapter. 

(b) The definitions contained in G.S. 143-151.45 apply to this 
Section. 

History Note: Authority G.S. 143-151.49: 143-151.55: 
EfT. August 1, 1998. 

.1302 RENEWAL OF ACTIVE LICENSE 

(a) In order to renew an active home inspector or associate 
home inspector license for license periods beginning on or after 
October 1, 1999, the licensee shall have completed, during the 
previous license period, the following number of credit hours: 

(1) From October 1, 1998 through September 15, 1999: 
eight credit hours. 

(2) From October 1, 1999 through September 15, 2000: 
12 credit hours. 

(3) Each subsequent license period: 1 2 credit hours. 

(b) A licensee who is initially licensed on or after June 1 is 
exempt from this Section for the following license period. 

History Note: Authority G.S. 143-151.49: 143-151.55: 
Eff. Ausust 1. 1998. 

. 1 308 DUTIES OF LICENSEES TO SHOW PROOF OF 
COMPLIANCE 

(a) In order to receive credit from the Board for completion 

of continuing education courses under this Section, a licensee 

must provide documentation to the Board on a form prescribed 

by the Board, no later than September 15 of each year, that: 

(1) Each continuing education course or courses taken 

and completed by the licensee: 

(A) Comprised at least one credit hour; and 

(B) Contained subject matter that was directly 
related to the practice of home inspection. 
Examples of course subject matter that are 
acceptable to the Board for credit include: 
Topics directly related to systems and 
components listed in the Standards of Practice 



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and Code of Ethics in Section .1100 of this Chapter, report 
writing, and inspection procedures and practices. Examples of 
subject matter that are not acceptable include: Sales and 
marketing topics, general business management, office 
procedures, success training, personal development, radon 
testing, and time management. 
(2) The licensee: 

(A) Had an opportunity to interact directly either in 
person or b\ interactive television with the 
instructor at all times during the course; or 

(B) Took a wTitten examination after course 
completion if the course comprised 
correspondence instruction or media-based 
instruction, such as videotape, audio tape, 
remote non-interactive television, or computer 
programs: or 

(C) Verified completion of the course if the course 
was based on alternate educational practices, 
such as computer-assisted instruction or 
videotape instruction: and 

(D) Complied with Rule .1304 of this Section, 
(b) The documentation filed by the licensee with the Board 

shall include: 

(1) A course outline provided b> the course sponsor 
showing details of the course content: and 

(2) In the case of traditional classroom courses, a course 
completion certificate pro\ ided b> the course sponsor 
indicating the licensee's completion of the course (or 
attendance for at least 90° o of the allotted time): or 

(3) In the case of alternate education courses (such as 
videotape, computer-assisted, audio tape, or 
correspondence courses) a course completion 
certificate provided by the course sponsor certify ing 
that the sponsor has verified that the licensee has 
passed a written examination based on the course 
subject matter, or submitted equivalent proof of 
completion to the sponsor. 

History Note: Authority G.S. 143-151.49: 143-151.55: 
Eff. August 1. 1998. 



in accordance with 1 1 NCAC 19 .0002 through 1 1 NCAC 19 
.0005. 

(d) If the rates have been determined by an unfiled "(a) 
rating" or "individual risk rating", the insurer shall submit the 
following: 

( 1 ) A statement describing how the rates were calculated. 

(2) A certification that the rates are not excessive, 
inadequate, or unfairly discriminatory. 

History Note: .Authority G.S. 58-2-40; 58-6-5: 58-41-50: 

58-43-5: 

Eff. .April 1. 1992: 

.Amended Eff. .August f 1998: February- 1. 1996. 

CHAPTER 19 - MARKET EXAMINATIONS DIVISION 

SECTION .0100 - GENERAL PROVISIONS 

.0102 MAINTENANCE OF RECORDS 

(a) Everv' insurer licensed to do business in this State shall 
maintain for not less than three sears all records, books, 
documents, and other business records that are required b},- this 
Chapter and b>' Chapter 58 of the General Statutes. This data 
shall be maintained in such an order that information can be 
readily ascertained by the Department upon a market conduct 
examination. 

(b) Even.' agenc>. agent, broker, or producer of record shall 
maintain a file for each policy sold, and the file shall contain all 
work papers and written communications in his or her 
possession pertaining to the polic\ documented therein. These 
records shall be retained for not less than three vears. 

History^ Note: Authority G.S. 58-2-40(1): 58-2-50: 58-2-131: 
58-2-132: 58-2-133: 58-2-185: 58-2-190: 58-2-195: 58-2-200: 
58---50: 58-20-30: 58-21-40: 58-2I--5: 58-22-20(6): 58-23-25: 
58-24-135: 58-2--10: 58-36-85(1): 58-39--0: 48-41-15: 58-41- 
20: 58-41-25: 58-47-100: 58-48-65: 58-49-55: 58-56-16: 58- 
62-66: 58-63-20: 58-64-55: 58-65-105: 58-6-^-100: 
Eff. March 1. 1993: 
Amended Eff. .August 1 . 1998. 



CHAPTER 10 - PROPERTY AND CASUALTY 
DIVISION 

SECTION .0100 - GENERAL PROVISIONS 

.0105 MANUSCRIPT OR INDIVIDUAL RISK 
FILINGS 

(a) Within 60 da>s after the inception date of a manuscript or 
individual risk polic\. the insurer shall submit to the 
Department's Property and Casualty Division: 

(1) Any form or endorsement not previousK filed with 
the Department and approved for use. 

(2) A statement explaining why a manuscript or 
indisidual risk polic\' was needed. 

(3) The appropriate filing fee. 

(b) Continuous policies are not permitted. 

(c) A cop> of the approved filing shall be retained b\ the filer 



.0103 COMPLAINT RECORDS 

Each insurer or its agents shall maintain or cause to be 
maintained an itemization register or log of all written 
complaints listing the Department file number, the name of the 
insured, the nature of the complaint, the Department subject to 
the complaint, the polic\ or claim number of the insured, and the 
disposition of the complaint. This record shall be retained for at 
least three years. 

History Note: Authority G.S 58-2-40(1): 58-2-50: 58-2-131: 
58-2-132:58-2-133: 58-'-50: 58-20-30: 58-21-40: 58-36-85(1): 
58-4--I00: 58-21--5: 58-22-20(6): 58-23-25: 58-24-135: 58- 
2 --10: 58-39-70: 58-48-65: 58-49-55: 58-56-16: 58-62-66: 58- 
63-20: 58-64-55: 58-65-105: 58-6' -100: 
Eff: March 1. 1993: 
.Amended Eff. .August 1 . 1998. 



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TITLE 12 - DEPARTMENT OF JUSTICE 

CHAPTER 10 - N.C. SHERIFFS' EDUCATION AND 
TRAINING STANDARDS COMMISSION 

SUBCHAPTER lOB - N.C. SHERIFFS' EDUCATION 
AND TRAINING STANDARDS COMMISSION 

SECTION .0100 - COMMISSION ORGANIZATION 
AND PROCEDURES 

.0103 DEFINITIONS 

In addition to the definitions set forth in G.S. 17E-2, the 
following definitions apply throughout this Chapter, unless the 
context clearly requires otherwise: 

( 1 ) "Appointment" as it applies to a deputy sheriff means 
the date the deputy's oath of office is administered; 
and as it applies to a detention officer means either the 
date the detention officer's oath of office was 
administered, if applicable, or the detention officer's 
actual date of employment as reported on the Report 
of Appointment (Form F-4T) by the employing 
agency, whichever is earlier; and as it applies to a 
telecommunicator. the telecommunicator's actual date 
of employment as reported on the Report of 
Appointment (Form F-4T). 

(2) "Convicted" or "Conviction" means and includes, for 
purposes of this Chapter, the entry of: 

(a) a plea of guilty; 

(b) a verdict or finding of guilt by a jury, judge, 
magistrate, or other duly constituted, 
established, and recognized adjudicating body, 
tribunal, or official, either civilian or military; 
or 

(c) a plea of no contest, nolo contendere, or the 
equivalent. 

(3) "Department Head" means the chief administrator of 
any criminal justice agency or communications center. 
Department head includes the sheriff or a designee 
appointed in writing by the Department head. 

(4) "Director" means the Director of the Sheriffs' 
Standards Division of the North Carolina Department 
of Justice. 

(5) "Division" means the Sheriffs' Standards Division. 

(6) "High School" means a school accredited as a high 
school by: 

(a) the Department or Board of Education of the 
state in which the high school is located; or 

(b) the regional accrediting body; or 

(c) the state university of the state in which the 
high school is located. 

(7) "Enrolled" means that an individual is currently 
actively participating in an on-going formal 
presentation of a commission-accredited basic training 
course which has not been concluded on the day 
probationary certification expires. 



(8) "Essential Job Functions" means those tasks deemed 
by the agency head to be necessary for the proper 
performance of a justice officer. 

(9) "Lateral Transfer" means certification of a justice 
officer when the applicant for certification has 
previously held general or grandfather certification as 
a justice officer or a criminal justice officer as defmed 
in G.S. 17C-2(c), excluding state correctional officers, 
state probation/parole officers, and state youth 
services officers, provided the applicant has been 
separated from a sworn law enforcement position for 
no more than one year, or has had no break in service. 

(10) "Misdemeanor" means those criminal offenses not 
classified by the North Carolina General Statutes, the 
United States Code, the common law, or the courts as 
felonies. Misdemeanor offenses are classified by the 
Commission as follows: 

(a) "Class A Misdemeanor" means an act 
committed or omitted in violation of any 
common law, duly enacted ordinance or 
criminal statute of this state which is not 
classified as a Class B Misdemeanor pursuant 
to Sub-item (10)(b) of this Rule. Class A 
Misdemeanor also includes any act committed 
or omitted in violation of any common law, 
duly enacted ordinance, criminal statute, or 
criminal fraffic code of any jurisdiction other 
than North Carolina, either civil or military, for 
which the maximum punishment allowable for 
the designated offense under the laws, statutes, 
or ordinances of the jurisdiction in which the 
offense occurred includes imprisonment for a 
term of not more than six months. Specifically 
excluded from this grouping of "Class A 
Misdemeanor" criminal offenses for 
jurisdictions other than North Carolina, are 
motor vehicle or traffic offenses designated as 
misdemeanors under the laws of other 
jurisdictions, or duly enacted ordinances of an 
authorized governmental entity with the 
exception of the offense of driving while 
impaired which is expressly included herein as 
a class A misdemeanor, if the offender could 
have been sentenced for a term of not more 
than six months. Also specifically included 
herein as a Class A Misdemeanor is the offense 
of driving while impaired, if the offender was 
sentenced under punishment level three [G.S. 
20-179(i)], level four [G.S. 20-1790)]. or level 
five [G.S. 20-179(k)]. Class "A" Misdemeanor 
shall also include acts committed or omitted in 
North Carolina prior to October 1, 1994 in 
violation of any common law, duly enacted 
ordinance or criminal statute, of this state for 
which the maximum punishment allowable for 
the designated offense included imprisonment 
for a term of not more than six months. 

(b) "Class B Misdemeanor" means an act 



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committed or omitted in violation of any common law, criminal 
statute, or criminal traffic code of this state which is classified 
as a Class B Misdemeanor as set forth in the "Class B 
Misdemeanor Manual" as published by the North Carolina 
Department of Justice and shall automatically include any later 
amendments and editions of the incorporated material as 
provided by G.S. 150B-21.6. Copies of the publication may be 
obtained from the North Carolina Department of Justice, Post 
Office Box 629, Raleigh, North Carolina 27602. There is no 
cost per manual at the time of adoption of this Rule. Class B 
Misdemeanor also includes any act committed or omitted in 
violation of any common law, duly enacted ordinance, or 
criminal statute, or criminal traffic code of any jurisdiction other 
than North Carolina, either civil or military, for which the 
maximum punishment allowable for the designated offense 
under the laws, statutes, or ordinances of the jurisdiction in 
which the offense occurred includes imprisonment for a term of 
more than six months but not more than two years. Specifically 
excluded from this grouping of "Class B Misdemeanor" criminal 
offenses for jurisdictions other than North Carolina, are motor 
vehicle or traffic offenses designated as being misdemeanors 
under the laws of other jurisdictions with the following 
exceptions: Class B Misdemeanor does expressly include, either 
fiirst or subsequent offenses of driving while impaired if the 
maximum allowable punishment is for a term of more than six 
months but not more than two years, and driving while license 
permanentK revoked or permanently suspended. "Class B 
Misdemeanor" shall also include acts committed or omitted in 
North Carolina prior to October 1, 1994 in violation of any 
common law, duly enacted ordinance, or criminal statute, of this 
state for which the maximum punishment allowable for the 
designated offense included imprisonment for a term of more 
than six months but not more than two years. Specifically 
excluded from the grouping of "Class B misdemeanors" 
committed or omitted in North Carolina prior to October 1 . 1 994 
are motor vehicle or traffic offenses designated as being 
misdemeanors under Chapter 20 (motor vehicles) of the General 
Statutes of North Carolina, with the following exceptions: "Class 
B misdemeanors" committed or omitted in North Carolina prior 
to October I, 1994 expressly include, either first or subsequent 
offenses of G.S. 20-l38(a) or (b), G.S. 20-166 (duty to stop in 
the event of an accident), G.S. 20-138.1 (impaired driving) if the 
defendant was sentenced under punishment level one [G.S. 20- 
179(g)] or punishment level two [G.S. 20-1 79(h)] for the 
offense, and shall also include a violation of G.S. 20-28(b) 
[driving while license permanently revoked or suspended]. 

(1 1) "Felony" means any offense designated a felony by 
the laws, statutes, or ordinances of the jurisdiction in 
which the offense occurred. 

(12) "Dual Certification" means that a justice officer holds 
probationary, general, or grandfather certification in 
two or more of the following positions with the same 
agency: 

(a) deputy sheriff; 

(b) detention officer; 

(c) telecommunicator. 

(13) "Detention Officer" means any person performing 
responsibilities, either on a full-time, part-time. 



permanent or temporary basis, which include but are 
not limited to the control, care, and supervision of any 
inmates incarcerated in a county jail or other 
confinement facility under the direct supervision and 
management of the sheriff "Detention Officer" shall 
also mean the administrator and the other custodial 
personnel of district confinement facilities as defined 
in G.S. 153A-219. 

(14) "Deputy Sheriff means any person who has been 
duly appointed and sworn by the sheriff and who is 
authorized to exercise the powers of arrest in 
accordance with the laws of North Carolina. 

(15) "Telecommunicator" means any person performing 
responsibilities, either on a full-time, part-time, 
permanent or temporary basis, for communication 
functions to include but not limited to receiving calls 
or dispatching for emergency and law enforcement 
services. 

( 1 6) "Commission" as it pertains to criminal offenses shall 
mean a finding by the North Carolina Sheriffs' 
Education and Training Standards Commission or an 
administrative body, pursuant to the provisions of 
Chapter 150B of the North Carolina General Statutes, 
that a person performed the acts necessary to satisfy 
the elements of a specified criminal offense. 

(17) "Sworn Law Enforcement Position" means a position 
with a criminal justice agency of the United States, 
any state, or a political subdivision of any state which, 
by law, has general power of arrest held by a person 
who has successfully completed the North Carolina 
Basic Law Enforcement Training Course. 

History Note: Filed as a Temporary Amendment Eff. October 

1. 1994 for a period of 180 days or until the permanent rule 

becomes effective whichever is sooner; 

A uthorit}- G. S. 1 7E- 7; 

Eff January 1, 1989; 

Amended Eff. January 1. 1996; March 1. 1995; January 1. 

1994; January 1, 1993; 

Temporar}' Amendment Eff. March 1, 1998; 

Amended Eff. Ausust L 1998. 

SECTION .0400 - CERTIFICATION OF DEPUTY 
SHERIFFS 

.0403 PROBATIONARY CERTIFICATION 
REQUIREMENT 

(a) For certification as a justice officer, a Report of 
Appointment (Form F-4T) must be submitted to the Division. 
Report of Appointment forms must be submitted to the Division 
by the sheriffs office no later than ten days after the deputy 
sheriff has taken the Oath of Office, or the detention officer or 
the telecommunicator has been appointed. The Division shall 
forward the justice officer's certification to the appointing 
agency. 

(b) No deputy sheriff or detention officer probationary 
certification shall be issued by the Division prior to the applicant 
meeting the conditions set forth in this Paragraph. As an 



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additional requirement for probationary certification, the 
applicant shall meet the following requirements: 

(1) If the applicant for probationary certification is 
authorized to carry a firearm pursuant to the 
provisions of 12 NCAC lOB .2104, the employing 
agency shall submit evidence of satisfactory 
completion of the employing agency's in-service 
firearms training and requalification program pursuant 
to 12 NCAC lOB .2000 and .2100; or 

(2) If the applicant for probationary certification is not 
authorized to carry a firearm pursuant to the 
provisions of 12 NCAC lOB .2104, the employing 
agency shall notify the Division, in writing, that the 
applicant is not authorized to carry a firearm. 

History Note: A uthohty G. S. 1 7E-4; 1 7E- 7; 

Eff. January 1. 1989: 

Amended Ejf. February 1. 1998, January 1. 1996: January 1. 

1994: January /, 1991. 

Temporary Amendment Ejf. March 1. 1998: 

.Amended Eff. August L 1998 

SECTION .1 100 - SHERIFFS', DEPUTY SHERIFFS' 

AND DETENTION OFFICERS' SERVICE AWARD 

PROGRAM 

.1101 PURPOSE 

In order to recognize Sheriffs", deputy sheriffs' and detention 
officers" loyal and competent service to a particular sheriffs 
office in North Carolina, and also to the State of North Carolina, 
the Commission establishes the Sheriffs', deputy sheriffs" and 
detention officers" Service Award Program. This program is a 
method by which dedicated officers may receive local, 
state-wide and nation-wide recognition for their loyal and 
competent law enforcement service. 



International Association of Chiefs of Police. 
(3) Employees of a North Carolina Sheriffs Office who 
have previously held certification, but are presently, 
by virtue of promotion or transfer, serving in positions 
not subject to certification may participate in the 
service award program. Eligibility for this exception 
requires continuous employment with a sheriffs office 
from the date of promotion or transfer from a certified 
position to the date of application for a service award 
as certified in writing by the Sheriff, 
(b) Only experience as a full-time certified member of a law 
enforcement agency in North Carolina or experience as an 
elected or appointed sheriff in North Carolina shall be 
acceptable for consideration. 

History Note: Authority G.S. 17E-4; 

Ejf. January 1, 1989: 

Amended Ejf. February 1. 1998: January 1. 1990: 

Temporary Amendment Eff. March 1, 1998; 

Amended Eff. Ausust L 1998 

.1 103 INTERMEDIATE SERVICE AWARD 

In addition to the qualifications set forth in Rule .1102 an 
applicant must have served a minimum of 1 5 years as an elected 
or appointed Sheriff or a certified deputy sheriff or detention 
officer to receive an intermediate service award. 

History Note: Authority G.S. 17E-4; 

Eff. January 1. 1989: 

.Amended Eff. January- 1, 1992: January 1, 1990; 

Temporary Amendment Eff. March 1, 1998; 



History Note: Authority G.S. 17E-4; 

Eff. January 1. 1989; 

Amended Eff. February 1. 1998: January 1. 1992; 

Temporary Amendment Eff. March 1. 1998; 

Amended Eff. August L 1998 

.1102 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of the service 
awards, a Deputy Sheriff Detention Officer, or Sheriff shall first 
meet the following preliminarv' qualifications: 

( 1 ) Be an elected or appointed sheriff or be a deputy 
sheriff or detention officer that holds a valid general 
or grandfather certification. An officer serving under 
a probationary certification is not eligible for 
consideration. Any deputy sheriff or detention officer 
subject to suspension or revocation proceedings by 
the Commission or the North Carolina Criminal 
Justice Education and Training Standards 
Commission shall not be eligible for a service award 
for the pendency of the proceedings. 

(2) Be familiar with and subscribe to the Law 
Enforcement Code of Ethics as promulgated by the 



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Amended Eff. August I. 1998. 



.1104 ADVANCED SERVICE AWARD 

In addition to the qualifications set forth in Rule .1 102 an 
applicant must have served a minimum of 20 years as an elected 
or appointed Sheriff a certified deputy sheriff or detention 
officer to receive an advanced service award. 

History Note: Authority G.S. 17E-4; 

Eff. January 1. 1989: 

Amended Eff. January 1. 1992: January 1. 1990: 

Temporary Amendment Eff. March 1. 1998: 

Amended Eff. August 1 . 1998. 

.1105 HOW TO APPLY 

(a) All applicants for either the Intermediate Service Award 
for the Advanced Service Award shall complete an "Application: 
Professional Certificate/Service Award," (F-6). 

(b) Documentation of the applicant's length of service in 
North Carolina shall be based upon the Division's certification 
records, however, oaths of office may be requested of the 
applicant. 

(c) The applicant shall submit the application to the agency 
head who shall attach his recommendation and forward the 
application to the Division. The Service Award shall be issued 
to the agency head for presentation to the applicant. 

Histoty Note: Authority G.S. 17E-4: 

Eff. January 1. 1989: 

Amended Eff August 1^ 1998: January 1, 1992: January 1, 

1991. 

SECTION .1300 - MINIMUM STANDARDS OF 
TRAINING FOR TELECOMMUNICATORS 

.1304 EVALUATION FOR TRAINING WAIVER 

(a) Applicants for certification with prior telecommunicating 
experience shall have been employed and certified in a 
telecommunicator position in order to be considered for training 
evaluation under this Rule. 

(b) Persons who separated from a telecommunicator position 
during their probationary period after having completed a 
commission-accredited Telecommunicator Certification Course 
and who have been separated from a telecommunicator position 
for one year or less shall serve the remainder of the initial 
probationary period, but need not complete an additional training 
program. 

(c) Persons who separated from a telecommunicator position 
during their probationary period without having completed a 
commission-accredited Telecommunicator Certification Course, 
or whose certification was suspended pursuant to 1 2 NCAC 1 OB 
.0204{b)( 1 ). and who have remained separated or suspended for 
over one year shall complete a commission-accredited 
Telecommunicator Certification Course in its entirety and pass 
the State Comprehensive Examination, and shall be allowed a 12 
month probationary period as prescribed in 12 NCAC I OB 
.1303(a). 

(d) Persons previously holding Grandfather telecommunicator 



certification in accordance with G.S. I7E-7(cl) who have been 
separated from a telecommunicator position for more than one 
year shall be required to complete a commission-accredited 
Telecommunicator Certification Course in its entirety and pass 
the State Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB .1303(a). 

History Note: A ulhority G. S. 1 7E-4: 1 7E- 7: 
Temporary Adoption Eff. March 1. 1998; 
Eff. August 1. 1998. 

SECTION .2100 - DEPUTY SHERIFFS' AND 

DETENTION OFFICERS' FIREARMS IN-SERVICE 

CENTER 

.2101 SHERIFF RESPONSIBILITIES 

The sheriff shall ensure that the deputy sheriffs' and detention 
officers" In-Service Firearms Training and Requalification 
Program is conducted according to minimum specifications as 
outlined in 12 NCAC lOB .2103 and .2104. In addition, the 
sheriff: 

(1 ) shall maintain copies of each course of fire adopted 
for use by his department and shall make those 
courses available for review by the Commission's 
representative upon request; and 

(2) shall maintain in each officer's personnel file a copy 
of a commission-approved Firearms Requalification 
Record Form which verifies that the officer did, or did 
not, successfully complete the minimum annual 
in-service firearms training requirement; and 

(3) may, where the officer fails to qualify with any of the 
weapons specified in 12 NCAC lOB .2104 prohibit 
access or possession of such weapon while on duty or 
when acting in the discharge of that agency's official 
duties and may deny the officer authorization to carry 
such weapons concealed when off-duty, except when 
the officer is on his/her own premises; and 

(4) shall report to the Division once each calendar year a 
roster of all deputy sheriffs and detention officers 
who fail to successfully complete the annual in- 
service firearms training and qualification and shall 
certify that all deputy sheriffs and detention officers 
required to qualify pursuant to 12 NCAC lOB .2104 
who are not listed did successfully complete the 
training. This roster shall reflect the annual in-service 
firearms fraining and qualification status of all deputy 
sheriffs and detention officers employed by the 
agency as of December 3 1st of each calendar year and 
shall be received by the Division no later than the 
following January 15th; and 

(5) shall report to the Division not later than January 1 5th 
of each calendar year a list of those deputy sheriffs 
and detention officers employed by the agency who 
are not authorized by the sheriff to carry a weapon; 
and 

(6) may ensure that once each year all officers receive a 
review of departmental policies regarding the use of 
force. It is recommended by the Commission that all 



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APPROVED RULES 



officers be tested on departmental policies. 

History Note: A uthohty G. S. 1 7E-4: 1 7E- 7; 
Eff. January 1. 1989: 

Amended Eff. January ], 1995: January 1. 1993: 
Temporary Amendment Eff March 1. 1998: 
Amended Eff. August 1. 1998. 

.2102 INSTRUCTORS 

The following requirements and responsibilities are hereby 
established for instructors who conduct the Deputy Sheriffs' and 
Detention Officers" In-Service Firearms Training and 
Requalification Program: 

(1) The instructor shall hold "Specific Instructor 
Certification-Firearms" issued by the North Carolina 
Criminal Justice Education and Training Standards 
Commission; 

(2) The instructor shall deliver the training consistent 
with the minimum specifications as established by 12 
NCAC lOB .2103 and .2104; and shall be present at 
all times during which said training is being 
conducted to personally provide all supervision, 
classroom training, range training, and scoring for 
certification purposes; 

(3) The instructor shall document the successful or 
unsuccessful completion of training for each officer 
on a commission-approved Firearms Requalification 
Record Form and forward such form to each officer's 
sheriff; 

(4) The instructor shall submit to the sheriff copies of all 
courses of fire used for qualification of deputy 
sheriffs and detention officers in compliance with 1 2 
NCAC lOB .2101(1). 

History Note: A uthorit}> G. S. 1 7E-4: 1 7E- 7; 

Ejf. .January 1, 1989: 

Amended Eff. January 1. 1995: January 1. 1993: January 1. 

1991: 

Temporary Amendment Eff. March 1, 1998: 

Amended Eff. August 1. 1998. 

.2104 IN-SERVICE FIREARMS REQUALIFICATION 
SPECIFICATIONS 

(a) All deputy sheriffs and detention officers who are 
authorized by the sheriff to carry a handgun shall qualify a 



minimum of once each year with their individual and 
department-approved service handgun. The course of fire shall 
not be less stringent than the "Basic Law Enforcement Training 
Course" requirements for firearms qualification. 

(b) All deputy sheriffs and detention officers who are issued, 
or otherwise authorized by the sheriff to carry a shotgun, rifle, 
or automatic weapon shall be required to qualify with each 
weapon respectively a minimum of once each year. 

(c) Qualifications conducted pursuant to Paragraphs (a) and 
(b) of this Rule shall be completed with duty equipment and duty 
ammunition or duty-type ammunition meeting the specifications 
of the duty ammunition as to type projectile, weight and velocity. 

(d) All deputy sheriffs and detention officers who are 
authorized by the sheriff to carry off duty handguns shall qualify 
with their off duty handgun a minimum of once each year 
pursuant to 1 2 NCAC 1 OB .2 1 03 and .21 04(a) and (b) with each 
handgim the officer carries off duty using ammimition approved 
by the sheriff 

(e) All deputy sheriffs and detention officers who are issued 
or have access to any weapons not stated in this Rule must 
qualify with these weapons once each year using ammunition 
approved by the sheriff 

(f) In cases where reduced-sized targets are used to simulate 
actual distances, a modified course of fire may be used. 

(g) To satisfy the minimum training requirements for all 
in-service firearms requalifications, a deputy sheriff or detention 
officer shall attain a minimum qualification score of 70 percent 
accuracy with each weapon once in three attempts with no more 
than three attempts on each course of fire per day. 

(h) The "In-Service Firearms Qualification Manual" as 
published by the North Carolina Justice Academy is hereby 
incorporated by reference, and shall automatically include any 
later amendments or editions of the referenced materials to apply 
as a minimum guide for conducting the annual in-service 
firearms qualification. Copies of the publication may be 
obtained from the North Carolina Justice Academy, Post Office 
Drawer 99, Salemburg, North Carolina 28385. There is no cost 
per manual at the time of adoption of this Rule. 

History Note: Authority G.S. 1 7E-4: 1 7E-7: 

Eff. January 1. 1989: 

Amended Eff. January 1. 1994: January 1. 1993: January 1, 

1992: January 1, 1991: 

Temporary Amendment Eff. March 1. 1998; 

Amended Eff. August L. 1998. 



TITLE 13 - DEPARTMENT OF LABOR 

CHAPTER 13 - BOILER AND PRESSURE VESSEL 

SECTION 200 - ADMINISTRATION 

.0213 CERTIFICATE AND INSPECTION FEES 

(a) A twenty five dollar ($25.00) certificate and processing fee for each boiler or pressure vessel inspected by an Insurance 
Inspector and found to be in compliance with the rules in this Chapter shall be paid to the North Carolina Department of Labor. 

(b) An inspection and certificate fee shall be paid to the North Carolina Department of Labor for each boiler or pressure vessel 
inspected by a deputy inspector as follows: 



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>J.MJJ.mjl!UMVJAJUJ. 



APPROVED RULES 



Boilers - An inspection of a boiler where the heating surface is: 

Less than 500 sq. ft. 

500 or more sq. ft. but less than 5000 sq. ft. 

5000 or more sq. ft. 

Pressure Vessels - An inspection of a pressure vessel, other than 
a heat exchanger, where the product of measurement in feet of 
the diameter or width, multiplied by its length is: 

Less than 20 

20 or more but less than 50 

50 or more but less than 70 

70 or more 

Heat Exchangers - An inspection of a heat exchanger, where 
the heating surface is: 

Less than 500 sq. ft. 

500 or more sq. ft. but less than 1000 sq. ft. 

1000 or more sq. ft. but less than 2000 sq. ft. 

2000 or more sq. ft. but less than 3000 sq. ft. 

3000 



External Inspection 

$40.00 

$100.00 

$250.00 

External Inspection 



Internal Inspection 

$70.00 

$200.00 

$400.00 

Internal Inspection 



$30.00 


$35.00 


$40.00 


$50.00 


$70.00 


$100.00 


$100.00 


$150.00 


External Inspection 




$40.00 




$50.00 




$75.00 




$100.00 




$125.00 





(c) In addition to the base fees established herein, a fee of seventy dollars ($70.00) per hour, including travel time, plus each 
expense allowed by 138-6 and 138-7 and the standards and criteria established thereto by the Director of the Budget, at the applicable 
state rate shall be paid to the North Carolina Department of Labor for each special inspection as defined by 13 NCAC 13 .0101(43) 
and for all inspections performed outside of normal working hours as defined by 13 NCAC 13 .0101(3 1 ). 

(d) A fee of two hundred fifty dollars ($250.00) per one-half day (four hours) or any part of one-half day or four hundred twenty 
dollars ($420.00) for one day (four to eight hours) plus, in either case, each expense allowed by 138-6 and 138-7 and the standards 
and criteria established thereto by the Director of the Budget, at the applicable state rate shall be paid to the North Carolina 
Department of Labor for each shop inspection as defined by 13 NCAC 13 .0101(42). 

(e) A fee of three hundred dollars ($300.00) per one-half day (four hours) or any part of one-half day or four hundred eighty dollars 
($480.00) for one day (four to eight hours), plus, in either case, each expense allowed by 1 138-6 and 138-7 and the standards and 
criteria established thereto by the Director of the Budget, at the applicable state rate shall be paid to the North Carolina Department 
of Labor for each nuclear inspection. 

(f) A fee of three hundred fifty dollars ($350.00) per one-half day (four hours) or any part of one-half day or five hundred fifty 
dollars ($550.00) for one day (four to eight hours), plus, in either case, each expense allowed by 1 138-6 and 138-7 and the standards 
and criteria established thereto by the Director of the Budget, at the applicable state rate shall be paid to the North Carolina 
Department of Labor for audits. 

(g) Fees for regularly scheduled inspections and audits that exceed eight hours per inspection visit shall include an additional thirty 
dollar ($30.00) fee per hour in addition to the normal inspection or audit fee. 

(h) Printed information derived from the database for boilers and pressure vessels maintained by the Division, is available for 
public scrutiny. Charges for providing this service shall be payable upon receipt of invoice to the North Carolina Department of 
Labor. Charges for this service are as follows: 

( 1 ) Requests for database information for which the Division has created the information selection criteria and printout format 
for its own use, and which can be furnished without the need for special programming will be furnished to the requester 
at the actual cost of reproducing the record. 

(2) Requests for database information which requires special selection criteria or printout format, and which requires the need 
for special programming services to derive the requested information or format, will be furnished for seventy-five dollars 
($75.00) plus twenty-five cents ($0.25) per page. 

(i) Copies of inspection reports or other inspection records may be provided upon written request to the requester at the actual cost 



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12:23 



APPROVED RULES 



of reproducing the record. 

History Note: Authority G.S. 95-69. 1 1 : 

Eff.May29, 1981: 

Amended Eff. January 1. 1995: March 2. 1992: September 1. 1986; 

Temporary Amendment Eff". December 8, 1997: March 11, 1997; 

Amended Eff. August L 1998. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0305 WATAUGA RIVER BASIN 

(a) The schedule may be inspected at the following places: 

(1) Clerk of Court: 
Avery County 
Watauga County 

(2) North Carolina Department of Environment and 
Natural Resources 

Asheville Regional Office 
Interchange Building 
59 Woodfin Place 
Asheville, North Carolina. 

(b) Unnamed Streams. Such streams entering the State of 
Tennessee are classified "C." 

(c) The Watauga River Basin Schedule of Classifications and 
Water Quality Standards was amended effective: 

(1) August 12, 1979; 

(2) February 1, 1986; 

(3) October 1, 1987; 

(4) August 1, 1989; 

(5) August 1, 1990; 

(6) December 1, 1990; 

(7) April 1,1992; 

(8) Augusts, 1992; 

(9) February 1, 1993; 

(10) April 1,1994; 

(11) August 1, 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Watauga River Basin was amended effective 
July 1, 1989 as follows: 

(1 ) Dutch Creek (Index No. 8-11) was reclassified from 
Class C-trout to Class B-trout. 

(2) Pond Creek (Index No. 8-20-2) from water supply 
intake (located just above Tamarack Road) to Beech 
Creek and all tributary waters were reclassified from 
Class WS-IIl to C. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Watauga River Basin was amended effective 



December 1 , 1990 with the reclassification of the Watauga River 
from the US Highway 321 bridge to the North 
Carolina/Tennessee state line from Class C to Class B. 

(0 The Schedule of Classifications and Water Quality 
Standards for the Watauga River Basin was amended effective 
April 1, 1992 with the reclassification of Pond Creek from 
Classes WS-III and C to Classes WS-III Trout and C Trout. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Watauga River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-II or 
WS-III). These waters were reclassified to WS-I, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) which 
became effective on August 3, 1992. In some cases, streams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximity and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate primary 
classification after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Watauga River Basin has been amended 
effective February 1 , 1 993 with the reclassification of Boone 
Fork (Index No. 8-7) and all fributary waters from Classes C Tr 
HQW and C HQW to Classes C Tr ORW and C ORW. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Watauga River Basin has been amended 
effective April 1, 1994 with the reclassification of the Elk River 
from Peavine Branch to the North Carolina/Tennessee state line 
[Index No. 8-22-(3)] from Class C Tr to Class B Tr. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Watauga River Basin has been amended 
effective August 1, 1998 with the reclassification of East Fork 
Pond Creek from its source to the backwater of Santis Lake, 
[Index No. 8-20-2-1 .5] from Class WS-II Tr to Class WS-lIl Tr; 
the reclassification of West Fork Pond Creek (Santis Lake) 
[Index No. 8-20-2-1 -(2)] from the backwaters of Santis Lake to 
Pond Creek from WS-II Tr CA to WS-III Tr CA; and the 
reclassification of the connecting sfream of Lake Coffey [Index 
No. 8-20-2-2] from the dam at Lake Coffey to Pond Creek from 
WS-11 Tr CA to C Tr. 

History Note: Authority G.S. 143-214.1; 143-215.1: 

143-215. 3(a)(1): 

Eff. Februaiy 1. 1976; 

Amended Eff. Ausvst l. 1998; April 1, 1994; February 1, 1993; 

August 3, 1992; .April 1. 1992. 



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APPROVED RULES 



.0308 CATAWBA RIVER BASIN 

(a) The schedule ma> be inspected at the following places: 

(1) Clerk of Court: 
Alexander County 
Aver> County 
Burke County 
Caldwell County 
Catawba County 
Gaston County 
Iredell County 
Lincoln County 
McDowell County 
Mecklenburg County 
Union County 
Watauga County 

(2) North Carolina Department of Environment and 
Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville. North Carolina 

(B) Asheville Regional Office 
Interchange Building 

59 Woodtln Place 
Asheville, North Carolina. 

(b) Unnamed Streams. Such streams entering South Carolina 
are classified "C." 

(c) The Catawba River Basin Schedule of Classifications and 
Water Quality Standards was amended effective: 

(1) March 1. 1977: 

(2) August 12. 1979: 

(3) April 1. 1982: 

(4) January 1. 1985; 

(5) August 1. 1985; 

(6) Februar>' 1. 1986; 

(7) March 1. 1989; 

(8) May I. 1989; 

(9) March 1. 1990; 

(10) August 1. 1990; 

(11) Augusts. 1992; 

(12) April 1. 1994; 

(13) July 1, 1995; 

(14) September 1. 1996; 

(15) August 1. 1998. 

(d) The Schedule of Classifications and Water Qualit> 
Standards for the Catawba River Basin was amended effective 
March 1. 1989 as follows: 

(1) Wilson Creek (Index No. 1 1-38-34) and all tributar\ 
waters were reclassified from Class B-trout and Class 
C-trout to Class B-trout ORW and Class C-trout 
ORW. 

(e) The Schedule of Classifications and Water Qualitv 
Standards for the Catawba River Basin was amended effective 
May 1. 1989 as follows: 

(1) Henr> Fork [Index Nos. 11-129-1-(1) and 
1 l-129-l-(2)] from source to Laurel Creek, including 
all tributaries, were reclassified from Class WS-I. C 
and C trout to Class WS-1 ORW. C ORW and C trout 
ORW. except l\y Creek and Rock Creek which will 



remain Class C trout and Class C. 
(2) Jacob Fork [Index Nos. ll-129-2-(l) and 
1 1-129-2-(4)] from source to Camp Creek, including 
all tributaries, were reclassified from Class WS-IIl 
trout and WS-IIl to WS-111 trout ORW and WS-III 
ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1. 1990 as follows: 

( 1 ) Upper Creek [Index No. 1 1 -35-2-( 1 )] from source to 
Timbered Branch including all tributaries except 
Timbered Branch (Index No. 11-35-2-9) was 
reclassified from Class C Trout to Class C Trout 
ORW. 

(2) Steels Creek [Index No. 1 1-35-2-12(1)] from source 
to Little Fork and all tributaries was reclassified from 
Class C Trout to Class C Trout ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 3. 1992 with the reclassification of all water supply 
waters (waters with a primary' classification of WS-1, WS-II or 
WS-Ill). These waters were reclassified to WS-I, WS-ll, WS- 
III, WS-IV or WS-V as defmed in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) which 
became effective on August 3. 1992. In some cases, streams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximit> and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate primary 
classification after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
April 1. 1994 as follows: 

(1) Friday Lake (Index No. 1 1-125.5) from its source to 
Little Paw Creek was reclassified from Class C to 
Class B. 

(2) The Linville River [Index No. 12-29-(l)] from 
Grandmother Creek to Linville Falls was reclassified 
from Class C Tr to Class B Tr. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
Jul) 1, 1995 with the reclassification of Clark Creek from a 
point 0.6 mile downsfream of Catawba County SR 2014 to 0.4 
mile upstream of Larkard Creek [Index No. 1 1-129-5-(4.5)]. and 
Howards Creek from its source to 0.7 mile upstream of Lincoln 
County State Road 1200 [Index No. 11-129-4], including 
associated tributaries from Class WS-IV to Classes C and 
WS-IV, 

(j) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
September 1. 1996 as follows: 

(1) North Fork Catawba River [Index No. ll-24-(l)] 
from Laurel Branch to Armstrong Creek from Class C 
Tr to Class B Tr: and 

(2) Catawba River (Lake Hickor>) from Rhodhiss dam to 
highway 321 [Index No. li-(51)] from Class WS- 



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APPROVED RULES 



IVCA to Class WS-IV&B CA. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 1, 1998 with the revision to the primary classification for 
portions of the South Fork Catawba River [Index No. 1 1-129- 
(0.5)] and Hoyle Creek [Index No. 1 1-129-1 5-(l)] from Class 
WS-IV to Class WS-V. 

(1) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 1, 1998 as follows: 

(1) Mill Creek [Index No. 11-7] from its source to 
Swannanoa Creek, including all fributaries, from 
Class C Tr to Class C Tr HQW; and 

(2) Toms Creek [Index Nos 11-21-(1) and 11 -21 -(2)] 
from its source to Harris Creek, including all 
tributaries, from Class C Tr to Class C Tr HQW and 
from Harris Creek to McDowell County SR 1434, 
including all tributaries, from Class C to Class C 
HQW. 

(m) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 1, 1998 with the reclassification of Howards Creek 
[Index No. 1 1-129-4-(0.7)] from Class WS-IV to Class C; 
Clarks Creek [Index No. 1 1-129-5-(7.5)] from Class WS-IV to 
Class C; Indian Creek [hidex No. 1 1-129-8-(5)] from Class WS- 
IV to Class C; and Beaver Creek [Index No. 1 1-129-9] from 
Class WS-IV to Class C. 

History Note: Authority G.S. 143-214.1: 143-215.1: 

143-215. 3(a)(1): 

Ejf. February 1. 1976: 

Amended Eff. Ausust L 1998: September 1. 1996: July 1, 1995: 

April 1. 1994: August 3, 1992: August 1. 1990. 

.0313 ROANOKE RIVER BASIN 

(a) The schedule may be inspected at the following places: 

(1) Clerk of Court: 
Bertie County 
Caswell County 
Forsyth County 
Granville Coimty 
Guilford County 
Halifax County 
Martin County 
Northampton County 
Person County 
Rockingham County 
Stokes County 
Surry Coimty 
Vance County 
Warren County 
Washington County 

(2) North Carolina Department of Environment and 
Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, North Carolina 

(B) Washington Regional Office 



1424 Carolina Avenue 
Washington, North Carolina 
(C) Winston-Salem Regional Office 

8025 North Point Boulevard, Suite 100 
Winston-Salem, North Carolina. 

(b) Unnamed Streams. Such sfreams entering Virginia are 
classified "C." Except that all backwaters of John H. Kerr 
Reservoir and the North Carolina portion of streams tributary 
thereto not otherwise named or described shall carry the 
classification "B," and all backwaters of Lake Gaston and the 
North Carolina portion of streams tributary thereto not otherwise 
named or described shall carry the classification "C and B." 

(c) The Roanoke River Basin Schedule of Classification and 
Water Quality Standards was amended effective: 

(1) May 18, 1977; 

(2) July 9. 1978; 

(3) July 18. 1979; 

(4) July 13, 1980; 

(5) March 1, 1983; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) July 1,1991; 

(9) Augusts, 1992; 
(10) August 1, 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Roanoke River Basin was amended effective 
July 1. 1991 with the reclassification of Hyco Lake (Index No. 
22-58) from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Roanoke River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-II or 
WS-111). These waters were reclassified to WS-I, WS-II, WS- 
II I, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) which 
became effective on August 3, 1992. In some cases, streams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximity and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate primary 
classification after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(0 The schedule of Classifications and Water Quality 
Standards for the Roanoke River Basin was amended effective 
August 1, 1998 with the reclassification of Cascade Creek 
(Camp Creek) [Index No. 22-12] and its tributaries from its 
source to the backwaters of the swimming lake from Class B to 
Class B ORW, and the reclassification of Indian Creek [Index 
No. 22-13] and its tributaries from its source to Window Falls 
from Class C to Class C ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Roanoke River Basin was amended effective 
August 1, 1998 with the revision to the primary classification for 
portions of the Dan River [Index No. 22-(19.5)] and the Mayo 
River [Index No. 22-30-(l)] from Class WS-IV to Class WS-V. 

History Note: Authority G.S. 143-214.1: 143-215.1: 



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APPROVED RULES 



143-215. 3(a)(1): 

Eff. February- 1. 19^6: 

Amended Eff. Ausust L 1998: August 3, 1992: July 1. 1991: 

February 1. 1986: August 1, 1985. 

.0315 NEUSE RIVER BASIN 

(a) The schedule may be inspected at the following places: 

(1) Clerk of Court: 
Beaufort County 
Carteret County 
Craven County 
Durham County 
Franklin County 
Granville County 
Greene County 
Johnston County 
Jones County 
Lenoir County 
Nash County 
Orange County 
Pamlico County 
Person County 
Pitt County 
Wake County 
Wayne County 
Wilson County 

(2) North Carolina Department of Environment and 
Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, North Carolina 

(B) Washington Regional Office 
1424 Carolina Avenue 
Washington. North Carolina 

(C) Wilmington Regional Office 
127 Cardinal Drive 
Wilmington. North Carolina. 

(b) The Neuse River Basin Schedule of Classification and 
Water Quality Standards was amended effective: 

(1) March 1. 1977; 

(2) December 13. 1979: 

(3) September 14. 1980: 

(4) August 9. 1981; 

(5) January 1. 1982; 

(6) April 1. 1982; 

(7) December 1. 1983; 

(8) January 1. 1985; 

(9) August 1. 1985; 

(10) Februarv 1. 1986: 

(11) May 1.1988; 

(12) July 1. 1988; 

(13) October 1. 1988: 

(14) January 1. 1990; 

(15) August 1. 1990; 

(16) December 1. 1990; 

(17) July 1.1991; 

(18) August 3. 1992; 

(19) April 1.1994; 



(20) July 1. 1996; 

(21) September 1. 1996; 

(22) April 1.1997; 

(23) August 1. 1998. 

(c) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended effective 
July 1. 1988 as follows: 

( 1 ) Smith Creek [Index No. 27-23-( 1 )] from source to the 
dam at Wake Forest Reservoir has been reclassified 
from Class WS-III to V/S-I. 

(2) Little River [Inde.x No. 27-57-(l)] from source to the 
N.C. Hwy. 97 Bridge near Zebulon including all 
tributaries has been reclassified from Class WS-llI to 
WS-1. 

(3) An imnamed tributary to Buffalo Creek just upstream 
of Robertson's Pond in Wake County from source to 
Buffalo Creek including Leo's Pond has been 
reclassified from Class C to B. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended effective 
October 1. 1988 as follows: 

(1) Walnut Creek (Lake Johnson, Lake Raleigh) [Index 
No. 27-34-( 1 )]. Lake Johnson and Lake Raleigh have 
been reclassified from Class WS-III to Class WS-III 
&B. 

(2) Haw Creek (Camp Charles Lake) (Index No. 
27-86-3-7) from the backwaters of Camp Charles 
Lake to dam at Camp Charles Lake has been 
reclassified from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended effective 
January 1. 1990 as follows: 

(1) Neuse-Southeast Pamlico Soimd ORW Area which 
includes all waters within a line beginning at the 
southwest tip of Ocracoke Island, and extending north 
west along the Tar-Pamlico River Basin and Neuse 
River Basin boundarv line to Lat. 35 degrees 06' 30", 
thence in a southwest direction to Ship Point and all 
tributaries, were reclassified from Class SA NSW to 
Class SA NSW ORW. 

(2) Core Sound (Index No. 27-149) from northeastern 
limit of White Oak River Basin (a line from Hall 
Point to Drum Inlet) to Pamlico Sound and all 
tributaries, except Thorofare. John Day Ditch were 
reclassified from Class SA NSW to Class SA NSW 
ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
December 1. 1990 with the reclassification of the following 
waters as described in ( 1 ) through (3) of this Paragraph. 

(1) Northwest Creek from its source to the Neuse River 
(Index No. 27-105) from Class SC Sw NSW to Class 
SB Sw NSW; 

(2) Upper Broad Creek [Index No. 27-106-(7)] from 
Pamlico County SR 1103 at Lees Landing to the 
Neuse River from Class SC Sw NSW to Class SB Sw 
NSW; and 

(3) Goose Creek [Index No. 27-107-( 1 1 )] from Wood 



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Landing to the Neuse River from Class SC Sw NSW 
to Class SB Sw NSW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective July 
1, 1991 with the reclassification of the Bay River [Index No. 
27-150-(l)] within a line running from Flea Point to the 
Hammock, east to a line running from Bell Point to Darby Point, 
including Harper Creek, Tempe Gut, Moore Creek and Newton 
Creek, and excluding that portion of the Bay River landward of 
a line running from Poorhouse Point to Darby Point from 
Classes SC Sw NSW and SC Sw NSW HQW to Class SA 
NSW. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-Il or 
WS-III). These waters were reclassified to WS-I, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) which 
became effective on August 3, 1992. In some cases, sfreams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximity and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate primary 
classification after being identified as downsfream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
April 1, 1994 as follows: 

(1) Lake Crabtree [Index No. 27-33-(l)] was reclassified 
from Class C NSW to Class B NSW. 

(2) The Eno River from Orange County State Road 1 56 1 
to Durham County State Road 1003 [Index No. 27- 
10-(16)] was reclassified from Class WS-IV NSW to 
Class WS-IV&B NSW. 

(3) Silver Lake (Index No. 27-43-5) was reclassified from 
Class WS-III NSW to Class WS-Ill&B NSW. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective July 
1 , 1996 with the reclassification of Austin Creek [Index Nos. 27- 
23-3-(l) and 27-23-3-(2)] from its source to Smith Creek from 
classes WS-III NSW and WS-III NSW CA to class C NSW. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
September 1, 1996 with the reclassification of an unnamed 
fributary to Hannah Creek (Tuckers Lake) [Index No. 27-52-6- 
0.5] from Class C NSW to Class B NSW. 

(1) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
April 1, 1997 with the reclassification of the Neuse River 
(including tributaries) from mouth of Marks Creek to a point 1 .3 
miles downstream of Johnston County State Road 1908 to class 
WS-IV NSW and from a point 1.3 miles downstream of 
Johnston County State Road 1 908 to the Johnston County Water 
Supply intake (located 1.8 miles downstream of Johnston 
County State Road 1908) to class WS-IV CA NSW [Index Nos. 
27-(36) and 27-(38.5)]. 



(m) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
August 1, 1998 with the revision of the Critical Area and 
Protected Area boundaries surrounding the Falls Lake water 
supply reservoir. The revisions to these boundaries is the result 
of the Corps of Engineers raising the lake's normal pool 
elevation. The result of these revisions is the Critical and 
Protected Area boundaries (classifications) may extend further 
upstream than the current designations. The Critical Area for a 
WS-IV reservoir is defined as .5 miles and draining to the 
normal pool elevation. The Protected Area for a WS-IV 
reservoir is defined as 5 miles and draining to the normal pool 
elevation. The normal pool elevation of the Falls Lake reservoir 
has changed from 250. 1 feet mean sea level (msl) to 25 1 .5 feet 
msl. 

History Note: Authority G.S. 143-214.1; 143-215.1; 

143-215. 3(a)(1); 

Ejf. February 1, 1976; 

Amended Elf. Ausust 1. 1998; April 1. 1997; September 1, 1996; 

July 1. 1996; April 1, 1994; August 3. 1992; July 1, 1991. 

SUBCHAPTER 2D - AIR POLLUTION CONTROL 
REQUIREMENTS 

SECTION .0500 - EMISSION CONTROL STANDARDS 

.0506 PARTICULATES FROM HOT MIX ASPHALT 
PLANTS 

(a) The allowable emission rate for particulate matter 
resulting from the operation of a hot mix asphah plant shall not 
exceed the level calculated with the equation E = 4.9445(P)'"'^'' 
calculated to two significant figures, where "E" equals the 
maximum allowable emission rate for particulate matter in 
pounds per hour and "P" equals the maximum process rate in 
tons per hour. The allowable emission rate shall be 60.0 pounds 
per hour for process weights equal to or greater than 300 tons 
per hour. 

(b) All hot mix asphah plants shall be equipped with a 
fugitive process dust control system for the drying, conveying, 
classifying, and mixing equipment which shall be operated and 
maintained in such a manner as to reduce to a minimum the 
emission of particulate matter from any point other than the stack 
outlet. Emissions from this equipment shall be confrolled such 
that the applicable opacity standards in Rule .0521 or .0524 of 
this Section are not exceeded. 

(c) Fugitive non-process dust emissions shall be confrolled by 
Rule .0540 of this Section. 

History Note; Authority G.S. 143-21 5.3(a)(1); 143- 

215.107(a)(5); 

Ejf. February 1. 1976; 

Amended Ejf. My, L 1998; January 1. 1985. 

.0509 PARTICULATES FROM MICA OR FELDSPAR 
PROCESSING PLANTS 

(a) The allowable emission rate for particulate matter from the 
processing of mica or feldspar that are discharged from any 



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June 1, 1998 



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APPROVED RULES 



chimney, stack, vent, or outlet into the atmosphere shall not 
exceed the level calculated with the equation E = 4(P)"''" 
calculated to three significant figures for process rates less than 
or equal to 30 tons per hour. For process rates greater than 30 
tons per hour but less than 1,000 tons per hour, the allowable 
emission rate for particulate matter shall not exceed the level 
calculated with the equation E = 20.42 1(P)°"" calculated to 
three significant figures. For process rates greater than or equal 
to 1,000 tons per hour but less than 3,000 tons per hour, the 
allowable emission rate for particulate matter shall not exceed 
the level calculated with the equation E = 38.I47(P)°'"'= 
calculated to three significant figures. The allowable emission 
rate shall be 90.0 pounds per hour for process weight rates equal 
to or greater than 3,000 tons per hour. For the purpose of these 
equations, "E" equals the allowable emission rate for particulate 
matter in pounds per hour and "P" equals the actual process 
weight rate in tons per hour. 

(b) The owner or operator of any mica or feldspar plant shall 
control process-generated emissions: 

( 1 ) from crushers with wet suppression, and 

(2) from conveyors, screens, and transfer points, 

such that the applicable opacity standards in Rule .0521 or 
.0524, of this Section are not exceeded. 

History Note: Authority G.S. 1 43-2 15.3(a)(1): 143- 

215.107(a)(5): 

Eff. Febniaiy 1, 1976: 

Amended Eff. July. L 1998: April 1. 1986: January 1. 1985. 

.0510 PARTICULATES FROM SAND, GRAVEL, OR 
CRUSHED STONE OPERATIONS 

(a) The owner or operator of a sand, gravel, or crushed stone 
operation shall not cause, allow, or permit any material to be 
produced, handled, transported or stockpiled without taking 
measures to reduce to a minimum any particulate matter from 
becoming airborne to prevent exceeding the ambient air quality 
standards beyond the property line for particulate matter, both 
PMIO and total suspended particulates. 

(b) Fugitive non-process dust emissions from sand, gravel, or 
crushed stone operations shall be confrolled by Rule .0540 of 
this Section. 

(c) The owner or operator of any sand, gravel, or crushed 
stone operation shall control process-generated enissions: 

( 1 ) from crushers with wet suppression, anJ 

(2) from conveyors, screens, and transfer points, 

such that the applicable opacity standards in Rule .0521 or 
.0524, of this Section are not exceeded. 

History Note: Authority G.S. 143-215. 3(a)(1): 143- 

215.107(a)(5): 

Eff. February 1 . 19^6: 

Amended Eff My L 1998: Januaiy 1. 



.0511 



1985. 



PARTICULATES FROM LIGHTWEIGHT 
AGGREGATE PROCESSES 

(a) The owner or operator of a lightweight aggregate process 
shall not cause, allow, or permit any material to be produced, 
handled, transported or stockpiled without taking measures to 



reduce to a minimum any particulate matter from becoming 
airborne to prevent the ambient air quality standards for 
particulate matter, both PMIO and total suspended particulates, 
from being exceeded beyond the property line. 

(b) Fugitive non-process dust emissions from lightweight 
aggregate processes subject to this Rule shall be confrolled by 
Rule .0540 of this Section. 

(c) The owner or operator of any lightweight aggregate 
process shall control process-generated emissions: 

( 1 ) from crushers with wet suppression, and 

(2) from conveyors, screens, and transfer points, 

such that the applicable opacity standards in Rule .0521 or 
.0524, of this Section are not exceeded. 

(d) Particulate matter from any stack serving any lightweight 
aggregate kiln or lightweight aggregate dryer shall be reduced by 
at least 95 percent by weight before being discharged to the 
atmosphere. The 95-percent reduction shall be by air pollution 
control devices. 

History Note: Authority G.S. 143-21 5.3(a)(1): 143- 

2 15. 107 (a)(5): 

Eff. February 1. 1976: 

Amended Eff. July L 1998: October 1. 1989: January I. 1985; 

April 1, 1977. 

.0540 PARTICULATES FROM FUGITIVE NON- 
PROCESS DUST EMISSION SOURCES 

(a) For the purpose of this Rule the following definitions shall 
apply: 

( 1 ) "Fugitive non-process dust emission" means 
particulate matter that is not collected by a capture 
system and is generated from areas such as pit areas, 
process areas, haul roads, stockpiles, and plant roads. 

(2) "Substantive complaints" means complaints that are 
verified with physical evidence acceptable to the 
Division. 

(b) The owner or operator of a facility required to comply 
with rules 15A NCAC 2D .0506, Particulates from Hot Mix 
Asphalt Plants, .0509, Particulates from Mica or Feldspar 
Processing Plants, .0510, Particulates from Sand, Gravel, or 
Crushed Stone Operations, or .0511, Particulates from 
Lightweight Aggregate Processes, shall not cause or allow 
fugitive non-process dust emissions to cause or contribute to 
substantive complaints. 

(c) If fugitive non-process dust emissions from a facility 
required to comply with this Rule cause or contribute to 
substantive complaints, the owner or operator of the facility 
shall: 

(1) within 30 days upon receipt of written notification 
from the Director of a second substantive complaint 
in a 12-month period, submit to the Director a written 
description of what has been done and what will be 
done to reduce fugitive non-process dust emissions 
from that part of the facility that caused the second 
substantive complaint: 

(2) within 90 days of receipt of written notification from 
the Director of a second substantive complaint in a 
12-month period, submit to the Director a control plan 



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APPROVED RULES 



as described in Paragraph (e) of this Rule; and 
(3) within 30 days after the Director approves the plan, be 
in compliance with the plan. 

(d) The Director may require that the owner or operator of a 
facility covered by Paragraph (b) of this Rule, develop and 
submit a fugitive non-process dust control plan as described in 
Paragraph (e) of this Rule if: 

(1) ambient air quality measurements or dispersion 
modeling acceptable to the Division show violation or 
a potential for a violation of an ambient air quality 
standard for particulates in 15A NCAC 2D .0400; or 

(2) if the Division observes excessive ftigitive non- 
process dust emissions fi-om the facility beyond the 
property boundaries. 

The control plan shall be submitted to the Director no later than 
90 days after notification. The facility shall be in compliance 
with the plan within 30 days after the Director approves the plan. 

(e) The fijgitive dust control plan shall: 

(1) identify the sources of fugitive non-process dust 
emissions within the facility; 

(2) describe how ftigitive non-process dust will be 
controlled fi^om each identified source; 

(3) contain a schedule by which the plan will be 
implemented; 

(4) describe how the plan will be implemented, including 
training of facility personnel; and 

(5) describe methods to verify compliance with the plan. 

(f) The Director shall approve the plan if he finds that: 

(1) the plan contains all required elements in Paragraph 
(e) of this Rule; 

(2) the proposed schedule contained in the plan will 
reduce fugitive non-process dust emissions in a timely 
manner; 

(3) the methods used to control fugitive non-process dust 
emissions are sufficient to prevent fugitive non- 
process dust emissions from causing or contributing 
to a violation of the ambient air quality standards for 
particulates; and 

(4) the described compliance verification methods are 
sufficient to verify compliance with the plan. 

If the Director finds that the proposed plan does not meet the 
requirements of this Paragraph he shall notify the owner or 
operator of the facility of any deficiencies in the proposed plan. 
The owner or operator shall have 30 days after receiving written 
notification from the Director to correct the deficiencies. 

(g) If after a plan has been implemented, the Director finds 
that the plan inadequately controls fugitive non-process dust 
emissions, he shall require the owner or operator of the facility 
to correct the deficiencies in the plan. Within 90 days after 
receiving written notification from the Director identifying the 
deficiency, the owner or operator of the facility shall submit a 
revision to his plan to correct the deficiencies. 

History Note: Authority G.S. 143-215. 3(a)(1): 143-215.107 
(a)(5): 143-215. 108(c)(7): 
Eff.Mxl. 1998. 



SECTION .0900 - VOLATILE ORGANIC 
COMPOUNDS 

.0914 DETERMINATION OF VOC EMISSION 
CONTROL SYSTEM EFFICIENCY 

(a) The provisions of this Rule are applicable, in accordance 
with Rule .0912 of this Section, to any test method employed to 
determine the collection or control efficiency of any device or 
system designed, installed, and operated for the purpose of 
reducing volatile organic compound emissions. 

(b) The following procedures shall be used to determine 
efficiency: 

(1) The volatile organic compound containing material 
shall be sampled and analyzed using the procedures 
contained in this Subchapter such that the quantity of 
emissions that could result from the use of the 
material can be quantified. 

(2) Samples of the gas stream containing volatile organic 
compounds shall be taken simultaneously at the inlet 
and outlet of the emissions control device. 

(3) The total combustible carbon content of the samples 
shall be determined by a method described in Rule 
.0939 of this Section. 

(4) The efficiency of the confrol device shall be 
expressed as the fraction of total combustible carbon 
content reduction achieved. 

(5) The volatile organic compound mass emission rate 
shall be the sum of emissions from the control device 
and emissions not collected by the capture system. 

(c) Capture efficiency performance of volatile organic 
compound emission control systems shall be determined using 
the EPA recommended capture efficiency protocols and test 
methods as described in the EPA document, EMTIC GD-035, 
"Guidelines for Determining Capture Efficiency". 

(d) The EPA document.^EMTIC GD-035, "Guidelines for 
Determining Capture Efficiency" cited in this Rule is hereby 
incorporated by reference including any subsequent amendments 
or editions. A copy of this document is available for inspection 
at the Regional Offices of the North Carolina Department of 
Environment and Natural Resources (Addresses are given in 
Rule .0103 of this Subchapter). Copies of this document may be 
obtained by downloading a text file from the EPA TTN 2000 
home page through the EMTIC (Emission Measurement 
Technical Information) technical information area at 
http://ttnwww.rtpnc.epa.gov/html/emtic/guidlnd.htm. 

History Note: Authority G.S. 143-2 15.3(a)(1): 143-215.68; 

143-215. 107(a)(5); 

Ejf.Julyl. 1979: 

Amended Eff. July L 1998: January 1. 1985. 

.0927 BULK GASOLINE TERMINALS 

(a) For the purpose of this Rule, the following definitions 
apply: 

( 1 ) "Bulk gasoline terminal" means: 

(A) breakout tanks of an interstate oil pipeline 
facility; or 

(B) a gasoline storage facility which usually 



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APPROVED RULES 



receives gasoline from refineries primariK b\ 
pipeline, ship, or barge: and deli\'ers gasoline 
to bulk gasoline plants or to commercial or 
retail accounts primarily by tank truck: and has 
an average daiK throughput of more than 
20,000 gallons of gasoline. 

(2) "Gasoline" means a petroleum distillate ha\ ing a Reid 
vapor pressure of four psia or greater. 

(3) "Breakout tank" means a tank used to: 

(A) relie\e surges in a hazardous liquid pipeline 
SNStem. or 

(B) receive and store hazardous liquids transported 
b\ pipeline for reinjection and continued 
transport b>' pipeline. 

(b) This Rule applies to bulk gasoline terminals and the 
appurtenant equipment necessar> to load the tank truck or trailer 
compartments. 

(c) Gasoline shall not be loaded into an\ tank trucks or 
trailers from an\ bulk gasoline terminal unless: 

( 1 ) The bulk gasoline terminal is equipped with a vapor 
control s\stem that pre\ents the emissions of \olatile 
organic compounds from exceeding: 

(A) 80 milligrams per liter (4.7 grains per gallon) 
of gasoline loaded for control systems installed 
before December 1. 1992 until December 1. 
1995 or the next major modification. 
whichever occurs first; after December 1 . 1 995 
or at the next major modification, these control 
systems shall pre\ent emissions of \olatile 
organic compounds from exceeding 35 
milligrams per liter of gasoline loaded: 

(B) 35 milligrams per liter for control systems 
installed after December 1. 1992; and that is 
properh installed, in good working order, and 
in operation. The owner or operator shall 
obtain from the manufacturer and maintain in 
his records a pre-installation certification 
stating the vapor control efficiency of the 
system in use; 

(2) Displaced vapors and gases are vented only to the 
\apor control s\ stem or to a fiare; 

(3) A means is provided to prevent liquid drainage from 
the loading de\ice when it is not in use or to 
accomplish complete drainage before the loading 
device is disconnected: and 

(4) All loading and \apor lines are equipped w ith fittings 
which make vapor-tight connections and which are 
automaticalK and immediateK closed upon 
disconnection. 

(d) Sources regulated b\ Paragraph (b) of this Rule shall not: 

(1 ) allow gasoline to be discarded in sewers or stored in 
open containers or handled in an>' manner that would 
result in e\aporation. or 

(2) allow the pressure in the vapor collection s\stem to 
exceed the tank truck or trailer pressure relief settings. 

(e) The owner or operator of a bulk gasoline terminal shall 
paint ail tanks used for gasoline storage white or silver at the 
next scheduled painting or b> December 1. 2002. whichever 



occurs first. 

(f) The owner or operator of a bulk gasoline terminal shall 
install on each external floating roof tank with an inside diameter 
of 100 feet or less used to store gasoline a self-supporting roof, 
such as a geodesic dome, at the next time that the tank is taken 
out of senice or b\ December 1. 2002. whichever occurs first. 

(g) The following equipment shall be required on all new 
tanks storing gasoline at a bulk gasoline terminal when put into 
ser\ice and shall be required en all existing tanks storing 
gasoline at a bulk gasoline terminal b> December 1. 1995: 

(1) rim-mounted secondar%- seals on all external and 
internal floating roof tanks. 

(2) welded seams where possible, otherwise gaskets on 
roof and deck fittings, and 

(3) floats in the slotted guide poles with a gasket around 
the cover of the poles. 

(h) If, upon facility or operational modification of a bulk 
gasoline terminal that existed before 

December 1 . 1 992. an increase in benzene emissions results such 
that: 

( 1 ) emissions of volatile organic compounds increase by 
more than 25 tons cumulativ e at any time during the 
five years follow ing modifications; and 

(2) annual emissions of benzene from the cluster where 
the bulk gasoline terminal is located (including the 
pipeline and marketing terminals served by the 
pipeline) exceed benzene emissions from that cluster 
based upon calendar Near 1991 gasoline throughput 
and application of the requirements of this 
Subchapter. 

the annual increase in benzene emissions due to the modification 
shall be offset within the cluster h\ reduction in benzene 
emissions beyond that otherwise achieved as a result of 
compliance w ith this Rule, in the ratio of at least 1 .3 to I . 

(i) The owner or operators of a bulk gasoline terminal that has 
been permitted before December 1. 1992. to emit toxic air 
pollutants under 15A NCAC 20 .0700 to compK with Section 
.1 100 of this Subchapter shall continue to adhere to all terms and 
conditions of the permit issued under 15A NCAC 2Q .0700 and 
to bring the terminal into compliance with Section .1 100 of this 
Subchapter in accordance with the terms and conditions of the 
permit, in which case the bulk gasoline terminal shall continue 
to need a permit to emit toxic air pollutants and shall be 
exempted from Paragraphs (e) through (h) of this Rule. 

(j) Within one >ear after December 1 . 1 996, the Director shall 
determine the incremental ambient benzene levels at the fence 
line of an\ bulk gasoline terminal cluster resulting from benzene 
emissions from such cluster and shall report his findings to the 
Commission. 

(k) The owner or operator of an\ bulk gasoline terminal 
subject to this Rule that begins construction or is in operation 
before December 1, 1992, shall submit: 

( 1 ) documentation that the control s\ stem meets the limit 
of 35 milligrams per liter required under Paragraph (c) 
of this Rule and that the requirements of Paragraph 
(g) of this Rule have been met, or 

(2) a compliance schedule b> which the bulk gasoline 
terminal shall come into compliance b> December 1. 



2137 



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12:23 



APPROVED RULES 



1995, with Paragraphs (c) or (g) of this Rule. 
(1) The owner or operator of a bulk gasoline terminal shall not 
load, or allow to be loaded, gasoline into any truck tank or trailer 
unless the truck tank or trailer has been certified leak tight in 
accordance with Rule .0932 of this Section within the last 12 
months. 

History Note: Authority G.S. 143-21 5.3(a)(1): 143- 

215.lb7(a)(5): 

Eff.Julyl. 1979: 

Amended Ef. July L 1998: July 1. 

December 1, 1992: December 1. 1989. 



1996: July 1. 1994: 



SECTION .1100 - CONTROL OF TOXIC AIR 
POLLUTANTS 

.1112 112(g) CASE BY CASE MAXIMUM 
ACHIEVABLE CONTROL TECHNOLOGY 

(a) Applicability. This Rule applies to the construction or 
reconstruction of major sources of hazardous air pollutants 
unless: 

(1) the major source has been specifically regulated or 
exempted from regulation under: 

(A) Rule . 1 1 09 or . 1 1 1 1 of this Section; or 

(B) a standard issued pursuant to Section 1 1 2(d), 
1 12(h), or 1 12G) of the federal Clean Air Act 
and incorporated in another Subpart of 40 CFR 
Part 63; or 

(2) the owner or operator of such major source has 
received all necessary air quality permits for such 
construction or reconstruction project before July 1 , 
1998. 

(b) Exclusions. The requirements of this Rule shall not apply 
to: 

(1 ) electric utility steam generating units unless and until 
such time as these units are added to the source 
category list pursuant to Section 112(c)(5) of the 
federal Clean Air Act. 

(2) stationary sources that are within a source category 
that has been deleted from the source category list 
pursuant to Section 1 12(c)(9) of the federal Clean Air 
Act. 

(3) research and development activities. 

(c) Definitions. For the purposes of this Rule, the following 
definitions apply: 

(1) "Affected source" means the stationary source or 
group of stationary sources that, when fabricated (on 
site), erected, or installed meets the definition of 
"construct a major source" or the definition of 
"reconstruct a major source" contained in this 
Paragraph. 

(2) "Affected States" means all States or local air 
pollution agencies whose areas of jurisdiction are: 
(A) contiguous to North Carolina and located less 

than D=Q/12.5 from the facility, where: 
(i) Q = emissions of the pollutant emitted at 
the highest permitted rate in tons per 
year, and 



(ii) D = distance from the facility to the 
contiguous state or local air pollution 
control agency in miles; or 
(B) within 50 miles of the permitted facility. 

(3) "Available information" means, for purposes of 
identifying control technology options for the affected 
source, information contained in the following 
information sources as of the date of approval of the 
MACT determination by the Division: 

(A) a relevant proposed regulation, including all 
supporting information; 

(B) background information docimients for a draft 
or proposed regulation; 

(C) data and information available from the 
Control Technology Center developed pursuant 
to Section 113 of the federal Clean Air Act; 

(D) data and information contained in the 
Aerometric Informational Retrieval System 
including information in the MACT data base; 

(E) any additional information that can be 
expeditiously provided by the Division and 
EPA; and 

(F) for the purpose of determinations by the 
Division, any additional information provided 
by the applicant or others, and any additional 
information considered available by the 
Division. 

(4) "Construct a major source" means: 

(A) To fabricate, erect, or install at any greenfield 
site a stationary source or group of stationary 
sources which is located within a contiguous 
area and under common control and which 
emits or has the potential to emit 1 tons per 
year of any HAP's or 25 tons per year of any 
combination of HAP, or 

(B) To fabricate, erect, or install at any developed 
site a new process or production unit which in 
and of itself emits or has the potential to emit 
1 tons per year of any HAP or 25 tons per 
year of any combination of HAP, unless the 
process or production unit satisfies Subparts (i) 
through (vi) of this Paragraph: 

(i) All HAP emitted by the process or 
production unit that would otherwise be 
controlled under the requirements of this 
Rule will be controlled by emission 
control equipment which was previously 
installed at the same site as the process 
or production unit; 
(ii) The Division: 

(I) has determined within a period of 
five years prior to the fabrication, 
erection, or installation of the 
process or production unit that 
the existing emission control 
equipment represented best 
available control technology 
(BACT) under Rule .0530 of this 



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June 1, 1998 



2138 



g wcPimj i iM wi 1 1 wmu rn ■ l ii 



APPROVED RULES 



Subchapter or lowest achievable 
emission rate (LAER) under Rule 
.0531 of this Subchapter for the 
category of pollutants which 
includes those HAP's to be 
emitted by the process or 
production unit; or 
(II) determines that the control of 
HAP emissions provided b\ the 
existing equipment will be 
equivalent to that level of control 
currently achieved by other well- 
controlled similar sources (i.e.. 
equivalent to the level of control 
that would be provided by a (6) 

current BACT, LABR, or MACT 
determination under Rule .1 109 
of this Section): 
(iii) The Division determines that the percent 
control efficiency for emissions of HAP 
from all sources to be controlled by the 
existing control equipment will be 
equivalent to the percent control 
efficiency provided by the control 
equipment prior to the inclusion of the 
new process or production unit; 
(iv) The Division has provided notice and an 
opportunir\ for public comment 
concerning its determination that criteria 
in Subparts (i). (ii). and (iii) of this 
Subparagraph appK and concerning the 
continued adequac\ of an\ prior LAER. 
BACT. or MACT determination under 
Rule. 11 09 of this Section: 
(v) If anN commenter has asserted that a 
prior LAER. BACT. or MACT 
determination under Rule .1 109 of this 
Section determination is no longer 
adequate, the Division has determined 
that the level of control required b\ that 
prior determination remains adequate; 
and 
(vi) An\ emission limitations, work practice 
requirements, or other terms and 
conditions upon which the above (13) 

determinations b\ the Division are 
predicated will be construed b\ the 
Division as applicable requirements 
under Section 504(a) of the federal 
Clean Air Act and either have been 
incorporated into an existing permit (14) 

issued under I5A NCAC 2Q .0500 for 
the affected facility or will be 
incorporated into such permit upon 
issuance. 
(5) "Control technolog\" means measures, processes, 
methods, systems, or techniques to limit the emission 
of hazardous air pollutants including measures that: 



(7) 

(8) 
(9) 

(10) 



(11) 



(12) 



(A) reduce the quantity of, or eliminate emissions 
of. such pollutants through process changes, 
substitution of materials or other modifications; 

(B) enclose systems or processes to eliminate 
emissions: 

(C) collect, capture or treat such pollutants when 
released from a process, stack, storage or 
fugitive emissions point; 

(D) are design, equipment, work practice, or 
operational standards (including requirements 
for operator training or certification) as 
provided in 42 U.S.C. 7412(h): or 

(E) are a combination of Parts (A) through (D) of 
this definition. 

"Electric utility steam generating unit" means any 
fossil fuel fired combustion unit of more than 25 
megawatts that serves a generator that produces 
electricity for sale. A unit that co-generates steam and 
electricit>' and supplies more than one-third of its 
potential electric output capacity and more than 25 
megawatts electric output to any utilit>' power 
distribution system for sale shall be considered an 
electric utility steam generating unit. 
"Greenfield site" means a contiguous area under 
common control that is an undeveloped site. 
"HAP" means hazardous air pollutants. 
"Hazardous air pollutant" means any pollutant listed 
under Section 1 12(b) of the federal Clean Air Act. 
"List of source categories" means the source categorv' 
list required by Section 1 12(c) of the federal Clean 
Air Act. 

"MACT" means maximum achievable control 
technology. 

"Maximum achievable control technology emission 
limitation for new sources" means the emission 
limitation which is not less stringent than the emission 
limitation achieved in practice by the best controlled 
similar source, and which reflects the maximum 
degree of reduction in emissions that the permitting 
authoritv. taking into consideration the cost of 
achieving such emission reduction, and any non-air 
quality health and environmental impacts and energy 
requirements, determines is achievable by the 
constructed or reconstructed major source. 
"Process or production unit" means any collection of 
structures or equipment, that processes, assembles, 
applies, or otherwise uses material inputs to produce 
or store an intermediate or final product. A single 
facilit> may contain more than one process or 
production unit. 

"Reconstruct a major source" means the replacement 
of components at an existing process or production 
unit that in and of itself emits or has the potential to 
emit 10 tons per year of any HAP or 25 tons per year 
of any combination of HAP. whenever: 
(A) The fixed capital cost of the new components 
exceeds 50 percent of the fixed capital cost that 
would be required to construct a comparable 



2139 



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12:23 



APPROVED RULES 



process or production unit; and 
(B) It is technically and economically feasible for 
the reconstructed major source to meet the 
applicable maximum achievable control 
technology emission limitation for new sources 
established under this Subpart. 

(15) "Research and development activities" means 
activities conducted at a research or laboratory facility 
whose primary purpose is to conduct research and 
development into new processes and products, where 
such source is operated under the close supervision of 
technically trained personnel and is not engaged in the 
manufacture of products for sale or exchange for 
commercial profit, except in a de minimis manner. 

(16) "Similar source" means a stationary source or process 
that has comparable emissions and is structurally 
similar in design and capacity to a constructed or 
reconstructed major source such that the source could 
be controlled using the same control technology. 

(d) Principles of MACT determinations. The following 
general principles shall be used to make a case-by-case MACT 
determination concerning construction or reconstruction of a 
major source under this Rule: 

(1) The MACT emission limitation or MACT 
requirements recommended by the applicant and 
approved by the Division shall not be less stringent 
than the emission control that is achieved in practice 
by the best controlled similar source, as determined by 
the Division. 

(2) Based upon available information, the MACT 
emission limitation and control technology (including 
any requirements under Subparagraph (3) of this 
Paragraph) recommended by the applicant and 
approved by the Division shall achieve the maximum 
degree of reduction in emissions of HAP that can be 
achieved by utilizing those control technologies that 
can be identified from the available information, 
taking into consideration the costs of achieving such 
emission reduction and any non-air quality health and 
environmental impacts and energy requirements 
associated with the emission reduction. 

(3) The owner or operator may recommend a specific 
design, equipment, work practice, or operational 
standard, or a combination thereof, and the Director 
may approve such a standard if the Division 
specifically determines that it is not feasible to 
prescribe or enforce an emission limitation under the 
criteria set forth in Section 1 12(h)(2) of the federal 
Clean Air Act. 

(4) If the EPA has either proposed a relevant emission 
standard pursuant to Section 1 12(d) or 1 12(h) of the 
federal Clean Air Act or adopted a presumptive 
MACT determination for the source category that 
includes the constructed or reconstructed major 
source, then the MACT requirements applied to the 
constructed or reconstructed major source shall have 
considered those MACT emission limitations and 
requirements of the proposed standard or presumptive 



MACT determination. 

(e) Effective date of MACT determination. The effective date 
of a MACT determination shall be the date of issuance of a 
permit under procedures of 15A NCAC 2Q .0300 or .0500 
incorporating a MACT determination. 

(0 Compliance date. On and after the date of start-up, a 
constructed or reconstructed major source that is subject to the 
requirements of this Rule shall be in compliance with all 
applicable requirements specified in the MACT determination. 

(g) Compliance with MACT determinations. The owner or 
operator of a constructed or reconstructed major source that: 

( 1 ) is subject to a MACT determination shall comply with 
all requirements set forth in the permit issued under 
15A NCAC 2Q .0300 or .0500, including any MACT 
emission limitation or MACT work practice standard, 
and any notification, operation and maintenance, 
performance testing, monitoring, reporting, and 
recordkeeping requirements; or 

(2) has obtained a MACT determination shall be deemed 
to be in compliance with Section 1 12(g)(2)(B) of the 
federal Clean Air Act only to the extent that the 
constructed or reconstructed major source is in 
compliance with all requirements set forth in the 
permit issued under 15A NCAC 2Q .0300 or .0500. 
Any violation of such requirements by the owner of 
operator shall be deemed by the Division and by EPA 
to be a violation of the prohibition on construction or 
reconstruction in Section 1 12(g)(2)(B) of the federal 
Clean Air Act for whatever period the owner or 
operator is determined to be in violation of such 
requirements, and shall subject the owner or operator 
to appropriate enforcement action under the General 
Statutes and the federal Clean Air Act. 

(h) Requirements for constructed or reconstructed major 
sources subject to a subsequently promulgated MACT standard 
or MACT requirement. If EPA promulgates an emission 
standard under Section 1 12(d) or 1 12(h) of the federal Clean Air 
Act or the Division issues a determination under Rule .1 109 of 
this Section that is applicable to a stationary source or group of 
sources that would be deemed to be a constructed or 
reconstructed major source under this Rule: 

(1) before the date that the owner or operator has 
obtained a final and legally effective MACT 
determination under 15A NCAC 2Q .0300 or .0500, 
the owner or operator of the source(s) shall comply 
with the promulgated standard or determination rather 
than any MACT determination under this Rule by the 
compliance date in the promulgated standard; or 

(2) after the source has been subject to a prior case-by- 
case MACT under this Rule, and the owner or 
operator obtained a fmal and legally effective case-by- 
case MACT determination prior to the promulgation 
date of such emission standard, the Division shall (if 
the initial permit has not yet been issued under 15A 
NCAC 2Q .0500) issue an initial permit that 
incorporates the emission standard or determination, 
or shall (if the initial permit has been issued under 
1 5 A NCAC 2Q .0500) revise the permit according to 



12:23 



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June 1, 1998 



2140 



APPROVED RULES 



the reopening procedures in 15A NCAC 2Q .0517. 
Reopening for Cause, whichever is relevant, to 
incorporate the emission standard or determination. 

(i) Compliance with subsequent 112(d), 112(h),or 112(j) 
standards. EPA may include in the emission standard 
established under Section 1 12(d) or 1 12(h) of the federal Clean 
Air Act a specific compliance date for those sources that have 
obtained a final and legally effective MACT determination under 
this Rule and that have submitted the information required by 40 
CFR 63.43 to EPA before the close of the public comment 
period for the standard established under section 1 12(d) of the 
federal Clean Air Act. Such date shall assure that the owner or 
operator shall comply with the promulgated standard as 
expeditiously as practicable, but not longer than eight years after 
such standard is promulgated. In that event, the Division shall 
incorporate the applicable compliance date in the permit issued 
under ISA NCAC 20 .0500. If no compliance date has been 
established in the promulgated 112(d) or 112(h) standard or 
determination under Rule .1 109 of this Section, for those sources 
that have obtained a final and legally effective MACT 
determination under this Rule, then the Director shall establish 
a compliance date in the permit that assures that the owner or 
operator shall comply with the promulgated standard or 
determination as expeditiously as practicable, but not longer than 
eight years after such standard is promulgated or a determination 
is made under Rule .1 109 of this Section. 

(j) Revision of permit to incorporate less stringent control. 
Notwithstanding the requirements of Paragraph (h) of this Rule, 
if the Administrator of EPA promulgates an emission standard 
under Section 1 12(d) or Section 1 12(h) of the federal Clean Air 
Act or the Division issues a determination under Rule .11 09 of 
this Section that is applicable to a stationary source or group of 
sources that was deemed to be a constructed or reconstructed 
major source under this Rule and that is the subject of a prior 
case-by-case MACT determination pursuant to 40 CFR 63.43, 
and the level of control required by the emission standard issued 
under Section 112(d) or 112(h) or the determination issued 
under Rule .1 109 of this Section is less stringent than the level 
of control required by any emission limitation or standard in the 
prior MACT determination, the Division is not required to 
incorporate any less stringent terms of the promulgated standard 
in the permit issued under 15A NCAC 2Q .0500 applicable to 
such source(s) and may consider any more stringent provisions 
of the prior MACT determination to be applicable legal 
requirements when issuing or revising such an operating permit. 



1 5 A NCAC 2D . 1 112 shall follow the permit procedures set out 
in this Rule. 

(b) Construction prohibition. After July 1, 1998 a person shall 
not begin actual construction or reconstruction of a major source 
of hazardous air pollutants unless: 

(1) The major source has been specifically regulated or 
exempted from regulation under: 

(A) l5ANCAC2D.1109or.llll,or 

(B) a standard issued pursuant to Section 1 12(d), 
1 12(h), or 1 12(j) of the federal Clean Air Act 
under 40 CFR Part 63, 

and the owner and operator has flilly complied with 
all procedures and requirements for preconstruction 
review established by that standard, including any 
applicable requirements set forth in 40 CFR Part 63, 
Subpart A; or 

(2) The Division has made a final and effective case-by- 
case determination under 15A NCAC 2D .1 1 12 such 
that emissions fi-om the constructed or reconstructed 
major source will be controlled to a level no less 
stringent than the maximum achievable control 
technology emission limitation for new sources. 

(c) Requirements for constructed and reconstructed major 
sources. When a case-by-case determination of MACT is 
required by 15A NCAC 2D .1 1 12, the owner and operator shall 
submit a permit application to the Division and the Division 
shall process the application following the procedures of Rule 
.0501(c) of this Section. 

(d) Alternative operating scenarios. When applying for a 
permit, the owner or operator may request approval of case-by- 
case MACT determinations for alternative operating scenarios. 
Approval of such determinations satisfies the requirements of 
Section 1 12(g) of the federal Clean Air Act for each such 
scenario. 

(e) Application requirements for a case-by-case MACT 
determination. The owner or operator of a source required to 
apply MACT under Rule I5A NCAC 2D .1 1 12 shall submit a 
permit application that contains all the information required 
under 40 CFR 63.43(e). 

(f) Reportingto the EPA. Within 60 days of the issuance of 
a permit under this Section or Section .0300 of this Subchapter 
incorporating a MACT determination, the Director shall provide 
a copy of such permit to EPA, and shall provide a summary in a 
compatible electronic format for inclusion in the MACT data 
base. 



History Note: Authority G.S. 143-215. 3(a}(lJ: 143-215.10' 

(a>(5)(10): 

Eff.Julvl. 1998. 



History Note: Authority G.S. J 43-2 15.3(a)(1): 143-215.10/ 
(a) (5). (10): 
Eff.Juh-l. 1998. 



SUBCHAPTER 2Q - AIR QUALITY PERMIT 
PROCEDURES 



SUBCHAPTER 2R - WETLANDS RESTORATION 
PROGRAM 



SECTION .0500 - TITLE V PROCEDURES 



SECTION .0500 - WETLANDS RESTORATION FUND 



.0528 1 12(g) CASE-BY-CASE MACT PROCEDURES 

(a) Applicability. The owner or operator of a source required 
to appK maximum achievable control technology (MACT) under 



.0503 SCHEDULE OF FEES 

(a) This schedule of fees is based on the cost of restoring or 
creating wetlands or surface waters capable of performing the 



2141 



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12:23 



APPROVED RULES 



same or similar functions as the wetlands or surface waters that 
have been impaired by permitted development projects. The fees 
include directly related costs of restoration planning, land 
acquisition, long-term monitoring, maintenance and preservation 
of restored areas. 

(b) The amount of payment into the Fund in lieu of 
compensatory mitigation requirements as described in Rule 
.0501(b) of this Section shall be determined in accordance with 
Subparagraphs ( 1 ) through (3) of this Paragraph. The fee will be 
based on the acres and types of compensatory mitigation 
specified in the approved U.S. Army Corps of Engineers permit 
under 33 U.S.C. §1344 or the certification issued by this 
Department under 33 U.S.C. §1341. Payments shall be 
calculated in 0.25 acre increments for wetlands and by the linear 
foot for streams. 

(1) Classified surface waters other than wetlands as 
defined in 15A NCAC 2B .0202. The payment shall 
be one hundred twenty-five dollars ($125.00) per 
linear foot of stream. 

(2) Class WL wetlands as defined in 15A NCAC 2B 
.0101(c)(8). The payment shall be: 

(A) twelve thousand dollars ($ 1 2,000) per acre for 
non-riparian wetlands. 

(B) twenty-four thousand dollars ($24,000) per 
acre for riparian wetlands. 

(3) Class SWL wetlands as defined in 15A NCAC 2B 
.0101(d)(4). The payment shall be one hundred 
twenty thousand dollars ($120,000) per acre. 

(c) Donations or dedications of interest in real property may 
be accepted in lieu of compensatory mitigation requirements as 
described in Rule .0501(b) of this Section provided that the 
property has been identified as an approved site in the 
restoration plan developed for each river basin. Other properties 
may be considered by the Secretary or his designee on a case-by- 
case basis. The decision on whether to accept other properties 
shall include a determination that restoration or preservation of 
the property is consistent with the goals and objectives of the 
restoration plan for the river basin. The amount of credit for 
donations of property shall consider the costs of restoration 
planning, long-term monitoring, and maintenance of the donated 
property. 

History' Note: Authority G.S. 143-214. 11; 143-214. 12; 
Temporary Adoption Eff. May 6, 1997; 
Eff. Ausust l. 1998. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 31 - GENERAL RULES 

SECTION .0100 - GENERAL RULES 

.0117 FISHERY RESOURCE GRANT PROGRAM 

(a) Purpose. The purpose of this program is to enhance North 
Carolina's coastal fishery resources. 

(b) Types of proposals. Proposals shall address one or more 
of the following areas of research: 

(1) New fisheries equipment or gear - particularly those 



that reduce bycatch and fishing impact on non-target 
species and size classes. 

(2) Environmental Pilot Studies. 

(3) Aquaculture or mariculture. 

(4) Seafood Technology. 

(c) Eligibility to receive grants. Proposals will be considered 
from a diversity of sources including, but not limited to fishers, 
groups of fishers, and fishing companies. 

(d) Application for grants: 

( 1 ) Grant proposals shall be typed or printed, and one 
copy submitted to the North Carolina Sea Grant 
Program at Post Office Box 8605, Raleigh, North 
Carolina 27695-8605. Submitted proposals must be 
postmarked no later than the date selected by Sea 
Grant. Proposals received or postmarked later than 
that date may not be considered for funding. 

(2) Grant proposals shall contain at least the following 
information: 

(A) Name(s), mailing address(es), telephone 
number(s), signature(s) and social security or 
federal identification number of the 
applicant(s). 

(B) A description of the project, its objectives, and 
its relationship to current fishery 
problems/issues, written in sufficient detail to 
be realistically evaluated by professional 
fishery scientists, managers and the fishing 
industry. 

(C) A detailed statement of the projected costs of 
the project. Description of participant cost- 
sharing and explanation/justification of 
projected costs is encouraged. 

(D) Biographical information documenting 
experience and expertise of project 
participants. 

(E) A description of how the project will be carried 
out, results evaluated, and findings made 
public. 

(F) An explanation of how the project will enhance 
North Carolina's coastal fishery resources. 

(G) Any other information that may be needed to 
enable the Marine Fisheries Commission to 
make a decision on the application. 

(3) Ineligible proposals will be returned to the applicant 
with a written descripfion of deficiencies. 

(4) Projects may last for up to two years from the date of 
award. 

(5) Once approved, project time periods may be increased 
beyond the award period upon extenuating 
circumstances as determined by North Carolina Sea 
Grant, but flinding may not be increased. 

(e) Review of proposals: 

(1) Review Procedures: The North Carolina Sea Grant 
Program will conduct an anonymous peer review for 
all proposals. At least one of the peer review persons 
must be involved in a fishing industry. Proposals 
shall be confidential until after funding decisions are 
made. Proposal quality will be assessed on the 



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2142 



imseramniB 



APPROVED RULES 



following criteria: 

(A) Address a priorin as set pursuant to G.S. 1 13- 
90; 

(B) Ability' to protect or enhance fishery resources; 

(C) Organization of a plan of work leading to 
conclusions; 

(D) Plan to extend findings to the fishing industry; 

(E) Availability of expertise and its application; 

(F) Familiarity and experience with the problem 
addressed; 

(G) Innovation of approach or potential findings; 
(H) Cost-effectiveness of implementation of 

results; and 
(I) Reasonableness of budget for work proposed. 

(2) Proposals will be reviewed by members of the 
Fisheries Resource Grant Steering Committee of the 
North Carolina Sea Grant Program and the Marine 
Fisheries Commission. Proposals to be granted will 
be selected by the Marine Fisheries Commission. The 
North Carolina Sea Grant Program will notify 
applicants in wxiting of acceptance or denial. 

(f) Award of grants: 

(1) The North Carolina Sea Grant Program shall 
administer the proposal review process and shall 
submit a list of eligible proposals to the Marine 
Fisheries Commission. 

(2) The North Carolina Marine Fisheries Commission 
shall determine the level of funding on each proposal. 

(3 ) Funds will be conveyed to grantees through contracts 
v\ ith the North Carolina Sea Grant Program. 

(4) Of the total funds granted for each project, up to 25 
percent may be paid upon signing of the contract if 
such payment is requested as part of the grant 
application. 

(5 ) Of the total funds granted for each project. 25 percent 
shall be held back and paid only upon acceptance of 
the final project report bv the North Carolina Marine 
Fisheries Commission. 

(6) Other payments to grantees shall be paid upon receipt 
of expenditure reports or invoices at intervals of not 
less than three months. 

(7) Grants will be awarded as evenly as practicable 
among the Northern. Pamlico. Central, and Southern 
coastal areas of North Carolina. 

(8) Prior to initiation of work on research projects, 
grantees shall secure all necessary state and federal 
permits and licenses. 

(g) Reporting: 

(1) Grantees shall submit written progress reports at 
three-month intervals describing status of their 
projects, progress toward achieving project objectives, 
notable occurrences, and any significant problems 
encountered and steps taken to overcome the 
problems. 

(2) As a condition of receiving a Fishery Resources 
Grant, the applicant shall agree to submit acceptable 
quarterly reports. A technical representative 



designated by the North Carolina Sea Grant Program 
shall determine if reports are acceptable. The 
technical representative shall determine the 
percentage of the report which is complete and 
acceptable. The project leader will be notified of 
deficiencies and must provide an acceptable report 
within 30 working days. If an acceptable report is not 
received in the specified time, the applicant shall be 
required to repay Sea Grant a prorated refund of the 
total project award as shown in Table 1 . 

Table 1 . Prorated refund schedule for non-compliance with 



(3) 



report requirements. 




ercent of Work Completed 


Percent 


and Acceptably Reported 


Refund 


<25 


100 


25-50 


85 


51 -75 


60 



An applicant who has been found in noncompliance 
with reporting rules and who does not agree to 
provide such reports may request that the Marine 
Fisheries Commission informally mediate the case. 
An applicant who is not satisfied with the results of 
any informal mediation may request a contested case 
hearing as set out in 15A NCAC 3P .0102. An 
applicant will have a maximum of 180 days to make 
repayment to Sea Grant following the final appeals 
process. 

Grantees shall submit a written draft final report 
within 60 days of the completion of their projects to 
the North Carolina Sea Grant Program for review and 
comment. 

(A) If the North Carolina Sea Grant Program finds 
the draft final report substantially acceptable. 
Sea Grant shall so notify- the Marine Fisheries 
Commission and grantee(s). The grantee(s) 
shall make any needed minor corrections and 
re-submit the final report to Sea Grant. The 
Marine Fisheries Commission will consider 
Sea Grant's recommendation for approval and 
mav approve the report and authorize final 
payment. 

(B) If the North Carolina Sea Grant Program finds 
the draft final report substantially deficient 
because of lack of adherence to established 
procedures, insufficient sampling, lack of data 
to support conclusions, or other reasons 
pertaining to fulfillment of project 
requirements. Sea Grant shall notiiy the Marine 
Fisheries Commission and grantee(s). 

(i) If the Marine Fisheries Commission 
accepts Sea Grant's recommendation, it 
shall notify' the grantee(s) in writing of 
the steps it must take to meet its 
contractual obligations in order to 
satisfactorily complete the project and 
final report and receive final payment. 



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(ii) If the Marine Fisheries Commission 
rejects Sea Grant's recommendation of 
substantial deficiency, it shall instruct 
Sea Grant to proceed with fmal approval 
as provided in Part (A) of this 
Subparagraph. 

(C) Grantees may be required to give an annual 
verbal report on their project. 

(D) The North Carolina Sea Grant Program shall 
publish an annual report summarizing the 
status of all projects conducted under this 
program. 

(E) The North Carolina Sea Grant Program shall 
conduct a field review of each project at least 
annually. Sea Grant may request the assistance 
of other agencies of the Department of 
Environment and Natural Resources and of the 
consolidated University of North Carolina to 
conduct field reviews. 

(4) Grantees shall submit a final expenditure report or 
invoice within 60 days of the end of the contract. 

History Note: Filed as a Temporary Adoption Eff. September 

26, 1994, for a period of 180 days or until the permanent rule 

becomes effective, whichever is sooner: 

Authority G.S. 113-134: 143B-289.4: 1993 (Regular Session 

1994), c. 769, s. 27.17; 

Eff. February 1. 1995: 

Recodified from ISA NCAC 31.0017 Eff. December 17, 1996; 

Tempo jry Amendment Eff. April 20, 1997; 

Amended Eff. .August L 1998. 

CHAPTER 12 - PARKS AND RECREATION AREA 
RULES 

SUBCHAPTER 12K - PARKS AND RECREATION 
TRUST FUND GRANTS FOR LOCAL GOVERNMENT 

SECTION .0100 - GENERAL PROVISIONS 

.0108 ELIGIBLE PROJECTS AND COSTS 

(a) PARTE grants are awarded to grantees for projects that 
are for the sole purpose of providing local park and recreation 
opportunities to the public. Applicants may request funds for 
the following types of projects: 

(1) Acquisition. Fee simple acquisition of real property 
for the following; future recreational development and 
to protect areas with outstanding natural or scenic 
resources. 

(A) Applicants acquiring property for recreation 
development have up to five years fi^om when 
the Authority and the applicant sign the grant 
agreement to begin developing recreation 
facilities. 

(B) Applicants acquiring property to protect areas 
with outstanding natural or scenic resources 
must open these areas to the general public to 
the extent that the resources will not be 



seriously impaired. 
(2) Development. Projects for the construction, 
expansion, and renovation/repair of the following: 

(A) Primary facilities including outdoor and indoor 
recreation facilities. Examples include 
camping facilities, picnic facilities, sports and 
playfields, trails, swimming facilities, 
boating/fishing facilities, spectator facilities, 
gymnasiums, etc. 

(B) Support facilities and improvements such as 
roads, parking areas, accessibility features, 
utilities, landscaping, and other infrastructure 
projects, that would have little or no 
recreational value without the primary 
recreation facilities. 

(b) Other criteria for determining eligible projects and costs 
include: 

( 1 ) Only development on or acquisition of a single project 
site is eligible for PARTE assistance. 

(2) Utility lines developed with PARTE assistance shall 
be placed underground. 

(3) Certain incidental project costs shall be eligible for 
PARTE assistance including appraisals, architectural 
and engineering fees, pre-agreement planning costs 
and contingency fees as follows: 

(A) Pre-agreement costs such as site planning, 
preliminary designs, preparation of cost 
estimates, construction drawings and 
specifications may not exceed 1 5 percent of the 
total development costs and must be incurred 
within one year of the application submission 
date. 

(B) Incidental appraisal costs such as appraisals, 
title work, surveys and attorney fees may not 
exceed five percent of the appraised fair market 
value of the property. 

(C) Architectural and engineering fees may not 
exceed 10 percent of the total development cost 
of the proposed project. 

(D) A contingency amount may be included in the 
development cost estimates, but may not 
exceed five percent of total development costs. 

(4) PARTE-assisted facilities on school property shall not 
be recreational facilities generally provided by the 
school for the use of their students. 

History Note; Filed as a Temporary Adoption Eff. November 

1, 1994, for a period of 180 days or until the permanent rule 

becomes effective, whichever is sooner; 

Authority G.S 113-44.15: 

Eff. April 1,1995; 

Amended Eff. August 1, 1998. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18D - WATER TREATMENT 
FACILITY OPERATORS 



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SECTION .0200 - QUALIFICATIONS OF APPLICANTS 
AND CLASSIFICATION OF FACILITIES 

.0201 GRADES OF CERTIFICATION 

Applicants for the various grades of certification shall meet 
the following educational and experience requirements: 

( 1 ) GRADE A-SURFACE shall have one year acceptable 
experience at a surface water facility while holding a 
Grade B-Surface certificate and have satisfactoril> 
completed an A-Surface school conducted by the 
Board. 

(2) GRADE B-SURFACE shall: 

(a) Be a college graduate with a bachelor's degree 
in the physical or natural sciences or be a 
graduate of a two year technical program with 
a diploma in water and wastewater technology', 
and have six months of acceptable experience 
at a surface water facility, or 

(b) Have one year of acceptable experience at a 
surface water facilit\' while holding a Grade 
C-Surface certificate and have satisfactorily 
completed a B-Surface school conducted by the 
Board. 

(3) GRADE C-SURFACE shall: 

(a) Be a college graduate with a bachelor's degree 
in the physical or natural sciences or be a 
graduate of a two year technical program with 
a diploma in water and wastewater technologv. 
and ha\e six months of acceptable experience 
at a surface water facility, or 

(b) Be a high school graduate or equivalent, have 
six months acceptable experience at a surface 
water facility and have satisfactorily completed 
a C-Surface school conducted by the Board.. 

(4) GRADE A-WELL shall have one year of acceptable 
experience at a well water facilit)- while holding a 
Grade B-Well certificate and have satisfactorily 
completed an A-Well school conducted b\ the Board. 

(5) GRADE B-WELL shall: 

(a) Be a college graduate with a bachelor's degree 
in the ph\sical or natural sciences or be a 
graduate of a n\o year technical program with 
a diploma in water and wastewater technologv'. 
and have six months of acceptable experience 
at a well water facility, or 

(b) Have one \ear of acceptable experience at a 
well water facilit\ while holding a Grade 
C-Well certificate and have satisfactorily 
completed a B-Well school conducted b\' the 
Board. 

(6) GRADE C-WELL shall: 

(a) Be a college graduate with a bachelor's degree 
in the ph>sical or natural sciences or be a 
graduate of a two \ear technical program with 
a diploma in water and \\astewater technologv , 
and have six months of acceptable experience 
at a well water facilit\, or 

(b) Ha\e six months of acceptable experience at a 



well water facility and have satisfactorily 
completed a C-Well school conducted by the 
Board, or 
(c ) Hold a GRADE A-SURFACE certification and 
have satisfactorily completed a C-Well school 
conducted by the Board. 

(7) GRADE A-DISTRIBUTION shall have one year of 
acceptable experience at Class B or higher 
distribution system while holding a Grade 
B-Distribution certificate and have satisfactorily 
completed an A-Distribution school conducted by the 
Board. and hold current cardiopulmonary 
resuscitation certificate. 

(8) GRADE B-DISTRIBUTION shall: 

(a) Be a college graduate with a bachelor's degree 
in the physical or natural sciences or be a 
graduate of a two year technical program with 
a diploma in water and wastewater technology, 
and have six months of acceptable experience 
at a Class B or higher distribution system, or 

(b) Have one year of acceptable experience at a 
Class C or higher distribution system while 
holding a Grade C-Distribution certificate and 
have satisfactorily completed a B-Distribution 
school conducted by the Board. 

(9) GRADE C-DlSTRlBUTlON shall hold a certificate 
of completion of trench shoring training conducted by 
the Board and shall: 

(a) Be a college graduate with a bachelor's degree 
in the physical or natural sciences, or be a 
graduate of a two year technical program with 
a diploma in water and wastewater technology, 
and have six months of acceptable experience 
at a Class C or higher distribution system, or 

(b) Be a high school graduate or equivalent, have 
six months of acceptable experience at a Class 
C or higher distribution system and have 
satisfactoriK completed a C-Distribution 
school conducted by the Board, or 

(c) Have one year of acceptable experience at a 
Class C or higher distribution system and have 
satisfactorily completed a C-Distribution 
school conducted by the Board. 

(10) GRADE CROSS-CONNECTION-CONTROL shall: 

(a) Be a college graduate with a bachelor's degree 
in the physical or natural sciences, or be a 
graduate of a rvvo-year technical program with 
a degree in water and wastewater or civil 
engineering technolog>'. and have satisfactoriK' 
completed a cross connection control school 
conducted by the Board, or 

(b) Be a high school graduate or equivalent, have 
six months of acceptable experience at Class 
C-Distribution or higher system and have 
satisfactoriK completed a cross connection 
control school conducted by the Board, or 

(c) Have one > ear of acceptable experience at a 
Class C-Distribution or higher SNStem while 



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holding a Grade C-Distribution or higher 
certificate and have satisfactorily completed a 
cross connection school conducted by the 
Board, or 
(d) Be a plumbing contractor licensed by the State 
of North Carolina and have satisfactorily 
completed a cross connection control school 
conducted by the Board. 

History Note: Authority G.S. 90A-21(c); 90A-22; 90A-23; 

90A-24: 

Eff. February 1, 1976; 

Amended Ejf. September 1, 1977; 

Readopted Ejf. March 1. 1979; 

Amended Eff. August L 1998; May 3, 1993; August 3. 1992; 

July /, 799/; December 31, 1980. 

SECTION .0300 - APPLICATIONS AND FEES 

.0308 CONTINUING EDUCATION 

(a) An operator holding an A-Well, B-Well, C-Well, A- 
Surface, B-Surface, or C-Surface certification shall complete six 
contact hours of instruction during the year immediately 
preceding annual certification renewal for each certification 
renewed. The same contact hours may be credited to both well 
and surface certifications for an individual operator holding both 
types of certifications if the instruction is relevant to both 
surface water and well water technology. The instruction shall 
be related to system operation or professional development as 
needed and determined by the individual operator. With the 
annual certification renewal application, the operator shall report 
on the Board's form the contact hours completed during the 
year. 

(b) The organization providing the instruction shall give each 
participant certificate or other proof of successful completion 
which includes the name of the provider, the provider's address, 
and contact person with telephone number. The proof of 
completion shall identify the name of the participant, the number 
of contact hours completed, the course name, the instructor's 
name, and the date of the instruction received. For in-house 
training, an instructor from outside of the organization shall 
provide the instruction. If an operator fails to provide proof of 
the required six contact hours of instruction at the time of annual 
certification renewal, the certification shall be revoked. 

History Note: Authority G.S. 90A-25. 1; 90A-26; 
Eff. Ausust 1. 1998. 

SECTION .0400 - ISSUANCE OF CERTIFICATE 

.0405 RECIPROCAL CERTIFICATES 

Applications for certification of an operator certified in a state 
other than North Carolina shall be submitted on the Board's 
form. The application shall supply information which will assist 
the Board in determining whether or not the requirements under 
which the out-of-state certification was obtained are equal to 
those required by the rules of the Water Treatment Facility 
Operators Board of Certification. 



History Note: Authority G.S 90A-21(c); 90A-2S(b); 

Eff. February 1, 1976; 

Readopted Eff. March 1, 1979; 

Amended Eff August L 1998; September 1. 1990. 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19C - OCCUPATIONAL HEALTH 

SECTION .0800 - LEAD-BASED PAINT HAZARD 
MANAGEMENT PROGRAM 

.0801 GENERAL 

(a) In addition to the definitions found in 40 CFR Part 745 
Subpart L, the following definitions shall apply throughout this 
Section: 

(1) "Accredited training course" means a lead training 
course accredited by the Program. 

(2) "Accredited training provider" means a training 
provider who is accredited by the Program, and who 
provides accredited training courses. 

(3) "Design" means a written or graphic plan prepared by 
a certified project designer specifying how an 
abatement project will be performed, and includes, but 
is not limited to, scope of work and technical 
specifications. The certified project designer's 
signature and certification number shall be on all such 
abatement designs. 

(4) "Emergency Lead-Based Paint Abatement" means 
abatement conducted to remediate a lead-based paint 
hazard which has been determined by a certified risk 
assessor and the Program to be an imminent lead- 
based paint hazard to building occupants in a child 
occupied facility. 

(5) "Immediate family" means an individual's family 
members limited to spouse, parents, siblings, 
grandparents, children, and grandchildren. 

(6) "Occupant Protection Plan" means a written plan 
which describes the measures and management 
procedures that will be taken during abatement to 
protect building occupants from exposure to lead- 
based paint hazards. The plan shall be unique to each 
residential dwelling or child-occupied facility. For 
projects less than five units, the plan shall be prepared 
by a certified supervisor or project designer. For 
projects with five or more units, the plan shall be 
prepared by a certified project designer. The plan 
shall include the preparer's signature and certification 
number. 

(7) "Program" means the Lead-Based Paint Hazard 
Management Program within the NC Department of 
Health and Human Services. 

(8) "Start date" means the date on which activities begin 
on a permitted lead abatement project requiring the 
use of certified individuals, including the abatement 
area isolation and preparation or any other activity 
which may disturb lead-based paint. 

(9) "Working day" means Monday through Friday. 



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Holidays falling on any of these days are working 

days. 

(10) "Certified Industrial Hygienist" means a person who 

has met the education, experience, and examination 

requirements established by the American Board of 

Industrial H\giene for certified industrial hygienists 

and whose certification has not been revoked by that 

organization. 

(b) Lead-Based Paint Activities. 40 CFR Part 745 Subpart L, 

is hereby incorporated by reference, including any subsequent 

amendments and editions. This document is available for 

inspection at the Department of Health and Human Services, 

Health Hazards Control Branch, 2728 Capitol Blvd.. Raleigh, 

NC 27604. A cop\ of 40 CFR Part 745 Subpart L may be 

obtained in writing from the US Government Bookstore. 999 

Peachtree Street. Suite 120. Atlanta. GA. at a cost of thirty-eight 

dollars ($38.00). 

History- Note: Authority G.S. I30A-453.0I: 130A-453.il: 

150B-2 1. 1(a)(3): 

Temporary Adoption Eff. July '^, 1997; 

Eff. July i. 1998. 

.0802 CERTIFICATION OF INDIVIDUALS 

(a) No person shall perform lead-based paint activities until 
that person has been certified b\' the Program in the appropriate 
certification category, except as provided for in G.S. 130A- 
453.03(b). 

(b) An applicant for certification shall successfulK complete 
applicable training courses accredited by the Program or 
accredited b> a state, tribe, or territory that has a written 
reciprocating agreement with the Program, and shall successfully 
complete the examination specified in Rule .0804 of this 
Section. Successful completion includes attendance of at least 
95 percent of the course, passing the course exam with a 
minimum score of 70° o and passing the hands-on skills 
assessment. An applicant for initial certification shall have 
successfulK completed an accredited initial training course for 
a specific discipline within the 12 months immediately preceding 
application. If initial training was completed more than 12 
months prior to application, the applicant shall have successfully 
completed an accredited refresher course for the specific 
discipline at least even. 24 months from the date of completion 
of initial training and within 12 months prior to appKing for 
certification. However, an applicant who completed training 
prior to the effective date of this Rule and applies for 
certification prior to December 31. 1998. shall meet the 
following requirements: 

(1) Training taken prior to JuK 1. 1995. shall be 
recognized for certification if the applicant has 
completed a refresher course at least every 24 months 
from the date of initial training: if the applicant has 
not attended a refresher course at least ever\- 24 
months from the date of initial training, the applicant 
shall complete an accredited initial training course: or 

(2) Applicants for certification who have successfully 
completed an initial training course for a specific 
discipline between July 1, 1995. and July 1. 1998. 



shall successfully complete an accredited refresher 
course for the specific discipline by December 31, 
1998, or by date of application whichever is first and 
within 12 months prior to applying for certification. 

(c) In addition to the requirements in Paragraph (b) of this 
Rule, an applicant, other than those for the worker category, 
shall meet the following: 

( 1 ) a risk assessor shall meet the training requirements for 
inspector and the examination requirements pursuant 
to Rule .0804 of this Section for inspector and risk 
assessor, and shall have: 

(A) a Bachelor's degree and one year experience in 
a related field that demonstrates skills directly 
transferable to the job activities for risk 
assessor: or 

(B) an Associate's degree and two years 
experience in a related field that demonstrates 
skills directly transferable to the job activities 
for risk assessor: or 

(C) certification as an industrial hygienist, 
professional engineer, registered architect; or 

(D) a high school diploma or equivalent and at least 
three years of experience in a related field that 
demonstrates skills directly transferable to the 
job activities for risk assessor. 

(2) a supervisor shall meet the examination requirements 
pursuant to Rule .0804 of this Section for supervisor 
and shall have: 

(A) one year experience as a certified lead 
abatement worker: or 

(B) at least two years experience in a related field 
that demonstrates skills directly transferable to 
the job activities for supervisor. 

(3) a project designer shall meet the training requirements 
for supervisor and project designer and the 
examination requirements pursuant to Rule .0804 of 
this Section for supervisor and shall have: 

(A) a Bachelor's degree in engineering, 
architecture, or related profession, and one year 
of experience in building construction and 
design: or 

(B) an Associate's degree and two years 
experience in a related field that demonstrates 
skills directK transferable to the job activities 
for designer: or 

(C) certification as an industrial hygienist. 
professional engineer, or registered architect: 
or 

(D) a high school diploma or equivalent, and four 
years experience in building construction and 
design or a related field that demonstrates skills 
directK' transferable to the job activities for 
designer. 

(4) an inspector shall meet the examination requirements 
pursuant to Rule .0804 of this Section for inspector. 

(d) To obtain certification, the applicant shall submit to the 
Program : 

(1) a completed application with the following 






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information: 

(A) full name and social security number of 
applicant; 

(B) address, including city, state, zip code, and 
telephone number; 

(C) date of birth, sex, height, and weight; 

(D) discipline applied for; 

(E) name, address, and telephone number of 
employer; 

(F) training agency attended; 

(G) name of training course completed; and 
(H) dates of course attended; 

(2) two current, identical, 1 1/4 inch x 1 1/4 inch color 
photographs of the applicant; 

(3) confirmation of completion of accredited initial and 
refresher training courses, as applicable, from the 
fraining agency; the confirmation shall be in the form 
of an original certificate of completion of the 
accredited training course bearing the training 
agency's official seal, or an original letter from the 
training agency, on fraining agency letterhead, 
confirming completion of the course; however, if an 
applicant is certified in a state, tribe, or territory that 
has a reciprocating agreement with the Program, the 
applicant shall submit a copy of the state issued 
certification and meet the requirements of Paragraphs 
(b),(dKl)and(2)ofthisRule; 

(4) when education is a requirement, a copy of the 
diploma or other written documentation; and 

(5) when work experience is a requirement, work history 
documenting lead or other related experience 
including employer name, address, and telephone 
number; positions held and a description of work 
duties performed; and dates when the positions were 
held. 

(e) All certifications shall expire at the end of the twelfth 
month after the certification is issued. 

(0 An applicant for renewal of certification shall successfully 
complete the required accredited refresher fraining course within 
12 months prior to applying for certification renewal, and shall 
meet the requirements of Paragraphs (d)(1), (2), and (3) of this 
Rule. If a person fails to obtain the required refresher fraining 
within 24 calendar months of the date of last training, that 
person may be re-certified only by meeting the requirements of 
Subparagraphs (b), (c), and (d) of the Rule. 

(g) All certified persons shall be assigned a unique 
certification number by the Program. 

(h) In accordance with G.S. 130A-23, the Program may 
suspend or revoke certification for any violation of G.S. 1 30A, 
Article 19A or these Rules, or upon finding that its issuance was 
based upon incorrect information or misrepresentations that 
materially affected the decision to issue certification. The 
Program may also suspend or revoke certification upon finding 
that the certified person has violated any requirement referenced 
in Rule .0808(h) of this Section. A person whose certification 
is revoked shall repeat the initial training course and meet the 
requirements set out in Paragraphs (b), (c), and (d) of this Rule. 
A person whose certification is revoked because of fraudulent 



misrepresentations or because of violations that create a 
significant public health hazard shall not reapply for certification 
before 12 months after the revocation, and shall repeat the initial 
fraining course and meet the requirements set out in Paragraphs 
(b), (c), and (d) of this Rule. 

(i) Certification for persons who were certified under the 
Interim Lead Abatement Certification Program and who were 
conducting specified lead-based paint activities, as defined in the 
Interim Lead Abatement Certification Program, prior to the 
effective date of these Rules, shall remain valid until the 
completion of the project begun prior to the effective date of 
these Rules. 

History Note: Authority G.S. 130A-453.03: 130A-453.U; 

150B-21. 1(a)(3); 

Temporary Adoption Eff. July 7, 1997; 

Eff. July i. 1998. 

.0803 CERTIFICATION OF FIRMS 

(a) All firms who conduct lead-based paint activities shall 
become certified by the Program. The Program shall issue a 
certificate of approval to firms meeting the requirements in 
Paragraphs (b) and (c) of this Rule. 

(b) To become certified the firm shall submit a completed 
application to the Program. The form shall include: 

( 1 ) the name, address and telephone number of the firm; 

(2) a statement that attests that all individuals to be used 
by the fum to perform lead-based paint activities are 
certified by the Program; 

(3) a statement that attests that the firm will perform lead- 
based paint activities in accordance with these Rules 
and all applicable local. State, and Federal 
requirements, including all applicable record keeping 
requirements; 

(4) a disclosure of any action by EPA or an EPA 
authorized program involving violations, suspensions, 
revocations, or modifications of a firm's activities; 
and 

(5) the original signature, title, and printed name of an 
official of the firm. 

(c) All certifications shall expire at the end of the twelfth 
month after the certification is issued and can be renewed by 
submitting a completed application provided by the Program. 

(d) In accordance with G.S. 130A-23, the Program may 
suspend or revoke certification for any violation of G.S. 130A, 
Article 19A or the rules of this Section, or upon finding that its 
issuance was based upon incorrect information or 
misrepresentations that materially affected the decision to issue 
certification or recertification. The Program may revoke 
certification upon a fmding that a certified firm has violated any 
requirement referenced in Rule .0808(h) of this Section. 
Certification may be revoked upon revocation of certification by 
EPA or an EPA authorized program. A firm whose certification 
has been revoked because of fraudulent misrepresentations or 
because of violations that create a significant public health 
hazard shall not be eligible for certification for a period of 12 
months from the date of revocation. 



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History Note: Authority G.S. 130.4-453.04: 130.4-453.11: 

150B-2 1.1 (a)(3): 

Temporary Adoption Eff July 7, 1997; 

Eff. July /, 1998. 

.0804 PROGRAM ADMINISTERED EXAMS 

(a) The Program shall offer examinations for each individual 
certification category except worker. Individuals pass the exam 
by achieving a score of at least 70 percent. Individuals seeking 
certification shall pass the appropriate exam. The examination 
shall be administered by the Program or by a state, tribe, or 
territory that has a written reciprocating agreement with the 
Program. If an individual does not successfully complete the 
examination after three attempts, the individual shall retake the 
initial course from an accredited training program before 
reapply ing for certification. 

(b) Applicants seeking North Carolina certification who wish 
to take the Program administered examination shall first 
complete all other requirements for certification; the applicant 
will be notified of the exact time and location of the 
examination. The applicant shall present photo identification for 
verification of identity at the time of the examination. 

(c) Applicants seeking North Carolina certification who have 
been certified by a state, tribe, or territory that has a written 
reciprocating agreement with the Program shall meet the 
requirements of Rule .0802 Paragraphs (b), (d)(1) and (2) of this 
Section. A copy of that state's, tribe's, or territories' issued 
certification shall be verification that the applicant has met all 
other requirements for certification. 



History^ Note: Authority G.S. 130.4-453.05: 
1508-21. 1(a)(3): 
Eff. July 1, 1998. 



130.4-453.11: 



.0805 ACCREDITATION OF TRAINING COURSES 

(a) Training courses taught in North Carolina for lead 
certification shall be accredited by the Program, and shall be 
offered by an accredited training provider, pursuant to Rule 
.0806 of this Section. If the course is accredited by a state, tribe, 
or territory that has a written reciprocating agreement with the 
Program, the course shall meet the requirements of Paragraphs 
(b), (c). (e). (h), and (i) of this Rule and Rule .0806 of this 
Section to become accredited by the Program. 

(b) A training provider may apply for initial and refresher 
training course accreditation for any of the following disciplines: 
inspector, risk assessor, supervisor, project designer, and worker. 
Training provider applying for accreditation shall submit a 
completed training course application to the Program for review 
and approval, pursuant to Paragraph (e) of this Rule. Once a 
training course is accredited, any changes in curriculum, hands- 
on exercises, principal instructor, or quality control plan from 
the original course accreditation application shall be approved by 
the Program prior to implementation. 

(c) For all courses, the training provider shall administer a 
closed book examination. Initial courses, except the Project 
Designer Course shall also include a hands-on skills assessment. 
The initial course examination shall consist of a minimum of 50 
multiple choice questions, and the refresher course examinations 



shall consist of a minimum of 25 multiple choice questions. 

(d) Training courses shall be evaluated for accreditation 
purposes by the Program for course administration, course 
length, curriculum, training methods, instructors' qualifications, 
instructors' teaching effectiveness, technical accuracy of written 
materials and instruction, examination, and training certificate. 
The evaluation shall be conducted using 40 CFR Part 745 
Subpart L. 

(e) Training course providers shall submit the following for 
evaluation and accreditation by the Program: 

(1) a completed application on a form provided by the 
Program, along with supporting documentation. The 
form and supporting documentation shall include the 
following: 

(A) name, address, and telephone number of the 
training provider, and name and signature of 
the contact person, training manager, and 
principal instructor: 

(B) course title, location and the language in which 
the course is to be taught; 

(C) course agenda; 

(D) a copy of all written instructional material 
used; 

(E) learning or performance objectives for each 
topic to be taught; 

(F) a copy or description of all audio/visual 
materials used; 

(G) a description of each hands-on training activity 
and skills assessment, including criteria for 
student proficiency; 

(H) a description of instructional facilities and 

equipment; 
(I) a copy of a sample exam with correct answers 

marked; 
(J) a sample certificate with the following 

information: 

(i) Name, address, and social security 
number of student; 

Training course title specifying initial or 
reft-esher: 

Inclusive dates of course and applicable 
examination; 

Statement that the student completed the 
course and passed the required 
examination and hands-on skills 
assessment; 

Unique certificate number; 
Printed name and signature of the 
training course manager and printed 
name of the principal instructor; 
Name, address, and telephone number 
of the training provider; 
Training course location; 
For worker training courses taught in 
languages other than English, the 
certificate shall indicate the language of 
the course; and 
(K) a list of accredited lead training courses 



(ii) 



(iii) 



(iv) 



(V) 

(vi) 



(vii) 

(viii) 
(ix) 



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currently being provided for certification. 

(2) A list of instructors who will teach in North Carolina 
and their qualifications in accordance with Paragraph 
(f) of this Rule. 

(3) A copy of the course quality control plan that meets 
the requirements of 40 CFR 745 Subpart L Subsection 
.225(c)(9). 

(f) All instructors and training managers shall be approved by 
the Program. Any person seeking approval as a training 
manager or instructor for courses covered under these Rules and 
taught in North Carolina shall meet the following requirements: 

(1) Training managers and instructors shall meet the 
requirements of 40 CFR 745 Subpart L Subsection 
.225(c), except that guest instructors who teach work 
practice topics and hands-on training shall meet the 
training requirements for principal instructors; 
however, guest instructors whose course instruction is 
limited to conducting training for XRF instruments 
are not required to meet the requirements for principal 
instructors; 

(2) Principal instructors and guest instructors who teach 
work practice topics or hands-on training shall meet 
the training requirements for certification, pursuant to 
Rule .0802 of this Section, for the discipline in which 
instructor approval is sought; and 

(3) All training providers shall submit to the Program a 
completed application with the following information: 

(A) name, address, and telephone number of the 
applicant; 

(B) name, address, and telephone number of the 
training provider that is employing the 
applicant; 

(C) when training course completion is a 
requirement, confirmation of completion of an 
accredited initial or refresher training course 
from the training agency, the confirmation shall 
be in the form of an original certificate of 
completion of the accredited training course or 
the following information: the course title, 
dates of instruction, names of instructors, 
name, address, and telephone number of the 
training provider; 

(D) when education is a requirement, a copy of the 
diploma or other written documentation; and 

(E) when work experience is a requirement, 
documentation of relevant work history, 
including employer name, address, and 
telephone number, positions held, dates when 
positions were held, and legible copies of any 
relevant licenses, registrations, or 
certifications. 

(g) An application for course accreditation shall be processed 
as follows: 

(1) The Program shall review the application and 
supporting documentation and advise the applicant of 
any deficiencies. If the deficiencies are not corrected 
within one year from the date of application, the 
application and any supporting documentation may be 



returned to the applicant and the applicant shall be 
required to re-submit a completed application. 
Approval of submitted documentation does not 
constitute course accreditation; 

(2) If the submitted documentation meets all applicable 
requirements of this Rule, the Program shall notify the 
applicant of this and also advise the applicant that it 
may contact the Program to schedule an on-site audit. 
The on-site audit shall be of a class of at least two 
student attendees and taught in North Carolina; 

(3) If the Program determines, as a result of the on-site 
audit, that the fraining course meets all applicable 
requirements of this Rule, it shall issue course 
accreditation. If the course does not meet these 
requirements, the Program shall notify the applicant 
of the deficiencies and advise the applicant that it may 
request one additional on-site audit, which shall be 
held no more than six months from the date of the 
first audit; 

(4) If the Program determines, as the result of the second 
audit, that the training course meets all applicable 
requirements of this Rule, it shall issue course 
accreditation. If the course does not meet all these 
requirements, the Program shall notify the applicant 
of the deficiencies, return all application materials, 
and advise the applicant that it may not reapply for 
course accreditation for the audited course for a 
period of six months from the date of the last audit. 

(h) Training course providers shall perform the following in 
order to maintain accreditation of all initial and refresher 
courses: 

( 1 ) Issue a certificate of fraining meeting the requirements 
of Part (e)(l)(J) of this Rule to any student who 
successfully completes the required fraining, passes 
the hands on skills assessment, and passes the 
applicable examination. 

(2) Submit to the Program written notice of intention to 
conduct a training course for North Carolina lead 
certification purposes if the course is to be taught in 
North Carolina. Notices for training courses, except 
lead worker, shall be postmarked or received 10 
working days before the fraining course begins. 
Notices for lead worker training courses shall be 
postmarked or received five working days before the 
training course begins. If the training course is 
canceled, the training course provider shall notify the 
Program at least one working day prior to the 
scheduled start date. Notification of intent to conduct 
a fraining course shall be made using a form provided 
by the Program and shall include the following: 

(A) Training provider name, address, telephone 
number and contact person; 

(B) Training course title; 

(C) Inclusive dates of course and applicable exam; 

(D) Start and completion times; 

(E) Location of the course facility and directions to 
the course facility if the site is not routine for 
the training provider; 



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(F) Language in which the course is taught; 

(G) Principal instructor: and 

(H) Signature of the training manager. 

(3) Notify the Program, in writing, at least 10 working 
days prior to the scheduled course start date, of any 
changes to course length, curriculum, training 
methods, training manual or materials, instructors, 
examination, training certificate, training course 
manager or contact person. 

(4) Submit to the Program information and 
documentation for any course approved under 
Paragraph (e) of this Rule if requested by the 
Program. 

(5) Ensure that all training managers and instructors are 
approved by the Program. 

(6) Ensure that all training courses covered under this 
Rule meet the requirements of 40 CFR Part 745 
Subpart L, Subsection 225(c). (d), and (e) and the 
following requirements: 

(A) The instructor must follow the curriculum that 
was approved by the Program or a state, tribe, 
or territory with whom the Program has a 
reciprocity agreement. The schedule may be 
adjusted, but all curriculum elements shall be 
covered. 

(B) All initial and refresher training courses shall 
have a maximum of 40 students: 

(C) A day of training shall include at least six and 
one-half hours of direct instruction, including 
classroom, hands-on training or field trips: 

(D) Work time and instruction time shall not 
exceed 12 hours in a 24 hour period: 

(E) A training course shall be completed within a 
two-week period: 

(F) A single instructor is allowed only for a worker 
course. Other initial disciplines shall have a 
minimum of two instructors; 

(G) Instructor ratio for hands-on training shall be 
no more than 1 students per instructor; 

(H) All course materials shall be in the language in 

which the course is being taught; 
(I) Each training course shall be discipline 
specific; 

(J) Students shall be allowed to take an 
examination no more than twice for each 
course. After two failures, the student shall 
letake the full course before being allowed to 
retest: and 

(K) Training providers shall provide examination 
security to prevent student access to the 
examination materials before and after the 
exam. Training providers shall take measures 
to preclude cheating during the exam, such as 
providing space between students, prohibiting 
talking, and monitoring students throughout the 
exam. 

(7) Verily. b\ photo identification, the identity of any 
student requesting training. 



( 8 ) For each course accredited by the Program, and taught 
in North Carolina, the training provider shall submit 
a completed renewal application on a form provided 
by the Program. Effective July 1, 1999, a renewal 
application shall be submitted prior to the next course 
offering and annually thereafter. If an annual training 
course renewal lapses, the provider shall submit a 
renewal application prior to offering the course again 
in North Carolina. 

(9) Work practice and worker protection demonstrations 
and hands-on exercises, including, but not limited to 
respirator fit testing, presented in all training courses 
covered under this Rule shall be conducted in 
accordance with Rule .0807 of this Section and 29 
CFR 1926.62, which is hereby incorporated by 
reference, including any subsequent amendments and 
editions. Copies may be obtained by writing the NC 
Department of Labor, Bureau of Education. Training 
and Technical Assistance, 319 Chapanoke Road, 
Suite 105. Raleigh. NC. 27603. at a cost often dollars 
and sixty cents (SI 0.60). 

(i) Training course providers shall permit Program 
representatives to attend, evaluate and monitor any training 
course, take the course examination and have access to records 
of training courses without charge or hindrance to the Program 
for the purpose of evaluating compliance with these Rules. The 
Program shall perform periodic and unannounced on-site audits 
of training courses. 

(j) In accordance with G.S. 130A-23. the Program may 
suspend or revoke accreditation for a training course for any 
violation of G.S. 130A. Article 19A or these Rules and may 
revoke accreditation upon revocation of accreditation by the 
EPA or by an EPA authorized accreditation program. 



History Note: Authority G.S. 130A-453.07; 
1 50B-2 1.1 (a)(3): 
Eff.Juh-1. 1998. 



130A-453.il: 



.0806 ACCREDITATION OF TRAINING 
PROVIDERS 

(a) All training providers who offer lead training courses in 
North Carolina for individual certification shall be accredited by 
the Program before offering training courses. 

(b) To become accredited, the training provider shall: 

(1) employ a training manager who meets the 
requirements of 40 CFR 745 Subpart L Subsection 
.225(c); and 

(2) submit a completed application to the Program 
including: 

(A) the name, address and telephone number of the 
training provider: 

(B) a statement that all courses taught in North 
Carolina for certification will comply at all 
times with all of the requirements of these 
Rules; i 

(C) a statement that the training provider is " 
responsible for maintaining the validity and 
integrity of the hands-on skills assessment to 



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APPROVED RULES 



ensure that it accurately evaluates the trainees" 
performance of the work practices and 
procedures associated with the course topics; 

(D) a statement that the training provider is 
responsible for maintaining the validity and 
integrity of the course examination to ensure 
that it accurately evaluates the trainees' 
knowledge and retention of the course topics; 

(E) a completed application for training manager, 
pursuant to Rule .0805(f) of this Section with 
documentation for meeting the requirements of 
40 CFR 745 Subpart L Subsection .225(c); and 

(F) the original signature, title, and printed name of 
an official of the training company. 

(c) In accordance with G.S. 130A-23, the Program may 
suspend or revoke accreditation of a training course provider for 
any violation of G.S. 130A, Article 19A or these Rules, and may 
revoke accreditation upon revocation of accreditation by EPA or 
by an EPA authorized state. The Program shall revoke training 
provider accreditation upon finding that the training provider has 
falsified training documents. When training provider 
accreditation is revoked for falsification of training documents, 
the training course provider shall not be eligible for 
reaccreditation for a period of three years from the date of 
revocation. 

History Note: Authority G.S. 130A-453.07; ]30A-453.]1; 
1 508-21. 1(a)(3); 
Eff. July 1. 1998. 

.0808 LEAD-BASED PAINT ABATEMENT PERMITS 

(a) No person shall conduct abatement without an abatement 
permit issued by the Program, except as provided for in G.S. 
130A-453. 09(c). All abatement activities shall be conducted by 
a certified firm. 

(b) All applications shall be made in writing on a form 
provided or approved by the Program. The application shall 
include at least all of the following: 

( 1 ) name, address, contact name, and telephone number 
of the owner and operator of the target housing or 
child occupied facility; 

(2) name, certification number, address, contact name, 
and telephone number of the certified firm; 

(3) name, certification number, address, and telephone 
number of the inspector and risk assessor; 

(4) name, certification number, address, and telephone 
number of the project designer; 

(5) location and street address, including building number 
or name and floor or room number, city, county, and 
state, of the building where the abatement is taking 
place; 

(6) scheduled start and completion dates of lead-based 
paint abatement work including preparation work and 
cleanup; 

(7) work schedule, including days of the week and hours 
to be worked; 

(8) amount of material to be abated; 

(9) method(s) of abatement; 



(10) non-hazardous waste transporter, address, contact 
name, and telephone number; 

(11) non-hazardous waste disposal site, address, contact 
name, and telephone number; 

(12) hazardous waste transporter, address, contact name, 
and telephone number; 

(13) hazardous waste disposal site, address, contact name, 
and telephone number; 

(14) for ordered abatements, the name, title, and authority 
of the State or local government representative who 
has ordered the abatement, the date that the order was 
issued, and the date the abatement was ordered to 
begin; 

(15) for emergency abatements, a description of the nature 
of the emergency and an explanation of how failure to 
correct the situation would cause a lead-based paint 
hazard; 

( 1 6) contract price for the abatement; and 

(17) the name of the representative of the certified firm, 
address, original signature, and date. 

(c) Applications for lead abatement permits shall be 
postmarked or received by the Program at least 10 working days 
prior to the scheduled abatement start date. For emergency lead 
abatement activities, the Program will take action immediately. 

Applications for emergency lead-based paint abatement 
activities shall be submitted along with a letter from the owner 
or the certified risk assessor explaining the nature of the 
emergency. 

(d) Application for revision to an issued lead abatement 
permit shall be made by the applicant in writing on a form 
provided or approved by the Program and shall be received by 
the Program in accordance with the following: 

(1) Revision to a start date for a project that will begin 
after the start date stated in the approved permit shall 
be received on or before the previously stated start 
date or previously revised start date; 

(2) Revision to a start date for a project that will begin 
before the start date stated in the approved permit or 
subsequent revisions shall be received at least 10 
working days before the new start date; 

(3) Revision to a completion date that will be extended 
beyond the completion date stated in the approved 
permit shall be received by the original completion 
date or previously revised completion date; 

(4) Revision to a completion date that will be earlier than 
the completion date stated in the approved permit or 
subsequent revision shall be received by the new 
completion date; and 

(5) Revision to permits other than start or completion 
dates shall be submitted to the Program prior to 
initiating the activity which the revision addresses. 

(e) The following shall be maintained on site during 
abatement activities and be immediately available for review by 
the Program: 

( 1 ) a copy of the abatement permit issued by the Program 
and all revisions with the Program's confirmation of 
receipt; 

(2) photo identification cards issued by the Program for 



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2152 



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all personnel performing lead abatement activities; 

(3) the occupant protection plan: and 

(4) an\ applicable abatement design, risk assessment and 
inspection reports. 

(f) All permitted abatement activities shall be conducted in 
accordance with Rule .0807 of this Section. 

(g) A certified supervisor shall be on-site at all times when 
permitted abatement activities are being conducted. 

(h) In accordance with G.S. 130A-23. the Program ma\, 
suspend or revoke the permit for any violation of G.S. 130A. 
Article 19A or these Rules. The Program ma\ also re\oke the 
permit upon a finding that its issuance was based upon incorrect 
information or misrepresentations that materially affected the 
decision to issue the permit. Notwithstanding permit revocation 
for violation of the rules of this Section, a lead-based paint 
abatement permit shall also be subject to revocation if the 
abatement activities are in \iolation of the following provisions 
with regard to lead-based paint abatement, as determined b> the 
agencies which administer these Rules; 

( 1 ) Department of Labor Rules found at Chapter 7. Title 
13 of the North Carolina Administrative Code; 

(2) Department of Transportation Rules found at Title 
19A. of the North Carolina Administrative Code; 

(3) Solid Waste Management Rules found at Chapter 13. 
Title 15A of the North Carolina Administrative Code; 
and 

(4) NC Childhood Lead Poisoning Prevention Program 
requirements found at G.S. 130A. Article 5. Part 4. 

HistonNote: Authority- G.S. 130.4-453.09: 130.4-453.11: 
150B-2 LI (a)(3): 
EjlJulxL 1998. 

.0809 FEES 

(a) The fees required by G.S. 130A-453.08 for individual and 
firm certification shall be submitted with a completed application 
for certification. The amount of the fee shall be one hundred 
fift)- dollars (SI 50.00) for each categon,- of individual 
certification except that the fee for worker shall be fift>' dollars 
(S50.00). The fee for firm certification shall be fift> dollars 
($50.00). 

(b) The fee required by G.S. 130A-453.08 for examination 
shall be submitted with a completed application for certification. 
The amount of the fee shall be seventv-five dollars (S75.00). 

(c) The fees required by G.S. 130A-453.08 for initial course 
accreditation and renewal course accreditation shall be submitted 
with a training course application. The amount of the fee shall 
be fifteen hundred dollars (SI 500.00) for each initial course 
accreditation if the course does not have prior approval by a 
state, tribe, or territon. that has a reciprocating agreement \s ith 
the Program; one thousand dollars (SI 000.00) for each course 
accreditation if the course is accredited b> a state. territor>. or 
tribe that has a reciprocating agreement \\ ith the Program; and 
five hundred dollars (S500.00) for each renewal course 
accreditation. 

(d) The fees required b> G.S. 130A-453.08 for course 
pro\ider accreditation shall be submitted with a completed 
application. The amount of the fee shall be one hundred fift> 



dollars ($150.00). 

(e) The fee required by G.S. 130A-453.09 for abatement 
permits shall be submitted with a completed permit application. 
The amount of the fee shall be two percent of the contract price, 
not to exceed five hundred dollars ($500.00). 

(f) The fee for a replacement photo identification card shall 
be fifteen dollars ($15.00). 

(g) In the case of issuing a refund for permits, an 
administrative cost of two hundred dollars (S200.00) shall be 
retained by the Program. 

History Note: Authority G.S. 130A-453.08: 130A-453.il: 
1 50B-2 1.1 (a)(3): 
Eff.Julvl. 1998. 



TITLE 18 - SECRETARY OF STATE 

CHAPTER 6 - SECURITIES DIVISION 

SUBCHAPTER 6 - RECORDS 

SECTION .1200 - EXEMPTIONS 

.1211 NOTICE FILING PROCEDURES FOR RULE 
506 OFFERINGS 

An issuer offering a securit\ that is a "covered security" under 
Section 18(b)(4)(D) of the Securities Act of 1933 shall file a 
notice on SEC Form D. a consent to service of process on a form 
prescribed by the Administrator, and pa\ a fee of se\'ent> -five 
dollars ($75.00) no later than 15 da>s after the first sale in this 
State of such securit>' covered under federal law. An issuer is 
not required to file any amendments to a Form D unless the 
amendment refiects a change in the offering in this State. 



I 



History Note: A uthority G. S. "8.4-31(1) : 
Temporary Adoption Eff. October 1 . 199~: 
Etf. .4usust 1. 1998. 



'8A-49(a); 



SECTION .1400 



.1411 



REGISTRATION OF DEALERS AND 
SALESMEN 



RECORD KEEPING REQUIREMENTS FOR 
DEALERS 

(a) Unless otherwise pro\ided b\ order of the Securities and 
Exchange Commission, each dealer registered or required to be 
registered under this Act shall make, maintain and preser\e 
books and records in compliance with U.S. Securities and 
Exchange Commission Rules 17a-3 and 17a-4 (17 C.F.R. 
240.17a-3and 17 C.F.R. 240.1 7a-4) and with section 15 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78o) and the rules 
promulgated thereunder, as amended from time to time. 

(b) To the extent required b\ the Securities Exchange Act of 
1934 or the rules adopted thereunder, even.' dealer registered or 
required to be registered under this Act shall maintain within this 
State, in a readiU accessible location, all records required h\ this 
Rule. A written request for the waiver of the provisions of this 
Section may be made to the administrator to permit any 



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APPROVED RULES 



registered dealer to maintain any of the records required by this 
Section, in some place other than the State of North Carolina. 
In determining whether or not the provisions of this Section shall 
be waived the administrator may consider, among other things, 
whether the main office of the dealer is in a place outside the 
State of North Carolina or whether the dealer clears all or some 
of its transactions and uses all or some of the bookkeeping 
facilities of some other dealer whose main office is outside the 
State of North Carolina. 

History Note: Authority G.S. 78A-38(a)(b)(d); 78A-49(a): 
Eff. April 1. 1981: 

Temporary Amendment Ejf. October 1, 1997; 
AmendedEff. August L 1998 

SECTION .1700 - REGISTRATION OF INVESTMENT 

ADVISERS AND INVESTMENT ADVISER 

REPRESENTATIVES 

.1704 MINIMUM FINANCIAL REQUIREMENTS 
FOR INVESTMENT ADVISERS 

(a) Unless an investment adviser posts a bond pursuant to 
Rule .1705, an investment adviser registered or required to be 
registered under the Act who has custody of client funds or 
securities shall maintain at all times a minimum net worth of 
thirty-five thousand dollars ($35,000.00), and every investment 
adviser registered or required to be registered under the Act who 
has discretionary authority over client funds or securities but 
does not have custody of client funds or securities shall maintain 
at all times a minimum net worth of ten thousand dollars 
($10,000.00). 

(b) Unless otherwise exempted, as a condition of the right to 
continue to transact business in this state, every investment 
adviser registered or required to be registered under the Act shall 
by the close of business on the next business day notify the 
administrator if such investment adviser's total net worth is less 
than the minimum required. After transmitting such notice, each 
investment adviser shall file by the close of business on the next 
business day a written report with the administrator of its 
financial condition, including the following: 

( 1 ) a trial balance of all ledger accounts; 

(2) a statement of all client funds or securities which are 
not segregated; 

(3) a computation of the aggregate amount of client 
ledger debit balances; and 

(4) a statement as to the number of client accounts. 

(c) For purposes of this Rule, the term "net worth" shall mean 
an excess of assets over liabilities, as determined by generally 
accepted accounting principles, but shall not include as assets: 
prepaid expenses (except as to items properly classified as 
current assets under generally accepted accounting principles), 
deferred charges, subordinated loans, goodwill, fi-anchise rights, 
organizational expenses, patents, copyrights, marketing rights, 
unamortized debt discount and expense, all other assets of 
intangible nature; home, home furnishings, automobile(s), and 
any other personal items not readily marketable in the case of an 
individual; advances or loans to stockholders and officers in the 
case of a corporation; and advances or loans to partners in the 



case of a partnership. 

(d) The administrator may require that a current appraisal be 
submitted in order to establish the worth of any asset. 

(e) Every investment adviser that has its principal place of 
business in a state other than this state shall maintain such 
capital as required by the state in which the investment adviser 
maintains its principal place of business, provided the 
investment adviser is licensed in such state and is in compliance 
with such state's minimum capital requirements, if any. 

History Note: Filed as a Temporary Rule Eff. January 2, 

1 989, for a period of 1 80 days to expire on June 30, 1989; 

Authority G.S. 78C-17(d); 78C-18(c)(d); 78C-30(a); 

Eff. February 1, 1989; 

Amended Eff. September 1, 1995; 

Temporary Amendment Eff. October 1, 1997; 

Amended Eff. Ausust 1. 1998. 

.1712 CHANGE OF NAME OF INVESTMENT 
ADVISER 

Where only a change in the name of the investment adviser 
applicant or registrant occurs, an amended Form ADV shall be 
filed with the administrator together with any amendments to the 
organizational documents, or accompanying letters of 
explanation, within 30 days of the date of the change. The 
investment adviser shall return its license and a new license will 
be issued reflecting the name change. Where a change in the 
name of an investment adviser covered under federal law occurs, 
a copy of those documents filed with the Securities and 
Exchange 'Commission in connection with the name change shall 
be filed with the Administrator. There will be no fee for 
reissuance of the license. Each investment adviser 
representative shall retain his investment adviser representative's 
license and this license shall suffice as evidence of licensing 
under the new investment adviser name imtil renewal. 

History Note: Filed as a Temporary Rule Eff. January 2. 

1 989, for a period of 1 80 days to expire on June 30. 1 989; 

Authority G.S 78C-17(c); 78C-18(d); 78C-30(a)(b): 

Eff. February 1, 1989; 

Temporary Amendment Eff. October 1, 1997; 

Amended Eff. August 1 . 1998. 

SECTION .1800 - MISCELLANEOUS PROVISION- 
INVESTMENT ADVISERS 

.1801 DISHONEST OR UNETHICAL PRACTICES 

(a) An investment adviser or an investment adviser covered 
under federal law is a fiduciary and has a duty to act primarily 
for the benefit of its clients. The provisions of this Section apply 
to investment advisers covered under federal law only to the 
extent that the conduct alleged is fraudulent or deceptive, or as 
otherwise permitted by the National Securities Markets 
Improvement Act of 1996 (Pub. L. No. 104-290). While the 
extent and nature of his duty varies according to the nature of the 
relationship between an investment adviser and its clients and 
the circumstances of each case, an investment adviser or an 
investment adviser covered under federal law shall not engage 



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in unethical business practices, including the following: 

(1) Recommending to a client to whom investment 
supervisory, management or consulting services are 
provided the purchase, sale or exchange of any 

security without reasonable grounds to believe that the (II) 

recommendation is suitable for the client on the basis 
of information furnished by the client after reasonable 
inquiry concerning the client's investment objectives, 
financial situation and needs, and any other 
information known or acquired by the investment 
adviser after reasonable examination of such of the 
client's financial records as may be provided to the 
investment adviser; 

(2) Placing an order to purchase or sell a security for the 
account of a client without authority to do so; 

(3) Placing an order to purchase or sell a security for the 
account of a client upon instruction of a third party 
without first having obtained a written third-party 
trading authorization from the client; 

(4) Exercising any discretionary authority in placing an (12) 
order for the purchase or sale of securities for a client 

without obtaining written discretionary authority from 

the client within 10 business days after the date of the (13) 

first transaction placed pursuant to oral discretionary 

authority. Discretionary power does not include a 

power relating solely to the price at which, or the time (14) 

when, an order involving a definite amount of a 

specified security shall be executed, or both; 

(5) Inducing trading in a client's account that is excessive (15) 
in size or frequency in view of the financial resources, 
investment objectives and character of the account; 

(6) Borrowing money or securities from a client unless 
the client is a dealer, an affiliate of the investment 
adviser, or a financial institution engaged in the 
business of lending funds or securities; 

(7) Lending money to a client unless the investment 
adviser is a financial institution engaged in the 
business of lending funds or a dealer, or unless the (16) 
client is an affiliate of the investment adviser; 

(8) Misrepresenting to any advisory client, or prospective 
advisory client, the qualifications of the investment 
adviser or any employee of the investment adviser, or 
misrepresenting the nature of the advisory services 
being offered or fees to be charged for such service, 
or omitting to state a material fact necessary to make 
the statements made regarding qualifications, services 
or fees, in light of the circumstances under which they 
are made, not misleading; 

(9) Providing a report or recommendation to any advisory 
client prepared by someone other than the adviser 

without disclosing that fact. (This prohibition does (17) 

not apply to a situation in which the adviser uses 
published research reports or statistical analyses to 
render advice or where an adviser orders such a report 
in the normal course of providing service.); 
(10) Charging a client an advisorv' fee that is unreasonable 
in the light of the type of services to be provided, the 
experience and expertise of the adviser, the 



sophistication and bargaining power of the client, and 
whether the adviser has disclosed that lower fees for 
comparable services may be available from other 
sources; 

Failing to disclose to a client in writing before 
entering into or renewing an advisory agreement with 
that client any material conflict of interest relating to 
the adviser or any of its employees which could 
reasonably be expected to impair the rendering of 
unbiased and objective advice including: 

(A) Compensation arrangements connected with 
advisory services to clients which are in 
addition to compensation from such clients for 
such services; and 

(B) Charging a client an advisory fee for rendering 
advice when a commission for executing 
securities transactions pursuant to such advice 
will be received by the adviser or its 
employees; 

Guaranteeing a client that a specific result will be 
achieved (gain or no loss) as a result of the advice 
which will be rendered; 

Publishing, circulating or distributing any 
advertisement which does not comply with Rule 
206(4)-] under the Investment Advisers Act of 1940; 
Disclosing the identity, affairs or investments of any 
client to any third party unless required by law to do 
so. or unless consented to by the client; 
Taking any action, directly or indirectly, with respect 
to those securities or funds in which any client has 
any beneficial interest, where the investment adviser 
has custody or possession of such securities or funds 
when the adviser's action is subject to and does not 
comply with the safekeeping requirements of Rule 
206(4)-2 under the Investment Advisers Act of 1940, 
unless the investment adviser is exempt from such 
requirements by virtue of Rule 206(4)-2(b); 
Entering into, extending or renewing any investment 
advisory contract, other than a confract for impersonal 
advisory services, unless such contract is in writing 
and discloses, in substance: the services to be 
provided; the term of the confract; the advisory fee or 
the formula for computing the fee; the amount or the 
manner of calculation of the amount of the prepaid fee 
to be returned in the event of contract termination or 
non-performance; whether the contract grants 
discretionary authority to the adviser; and that no 
assignment of such contract shall be made by the 
investment adviser without the consent of the other 
party to the contract; 

Failing to disclose to any client or prospective client 
all material facts with respect to: 
(A) A financial condition of the adviser that is 
reasonably likely to impair the ability of the 
adviser to meet contractual commitments to 
clients, if the adviser has discretionary 
authority (express or implied) or custody over 
such client's funds or securities, or requires 



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June I, 1998 



12:23 



APPROVED RULES 



prepayment of advisory fees of more than five 
hundred dollars ($500.00) from such client, six 
months or more in advance; or 
(B) A legal or disciplinary event that is material to 
an evaluation of the adviser's integrity or ability 
to meet contractual commitments to clients; 
and 

(18) Utilizing an agent or subagent who satisfies the 
definition of an investment adviser representative as 
set forth in G.S. 78C-2(3), where such agent or 
subagent is not registered as an investment adviser 
representative pursuant to G.S. 78C-16; 

(19) Failing to establish, maintain, and enforce written 
policies and procedures reasonably designed to 
prevent the misuse of material nonpublic information 
contrary to the provisions of Section 204A of the 
Investment Advisers Act of 1 940; 

(20) Entering into, extending, or renewing any advisory 
contract contrary to the provisions of Section 205 of 
the Investment Advisers Act of 1 940; 

(21) Indicating in an advisory contract, any condition, 
stipulation, or provisions binding any person to waive 
compliance with any provision of this Act or of the 
Investment Advisers Act of 1940, or any other 
practice that would violate Section 215 of the 
Investment Advisers Act of 1940; 

(22) Engaging in any act, practice, or course of business 
which is fraudulent, deceptive, or manipulative in 
contravention of Section 206(4) of the Investment 
Advisers Act of 1940; 

(23) Engaging in conduct or any act, indirectly or through 
or by any other person, which would be unlawful for 
such person to do directly under the provisions of this 
Act or any rule or regulation thereunder. 

The conduct set forth in Rule .1801(a) is not exclusive. It also 
includes employing any device, scheme, or artifice to defraud or 
engaging in any act, practice or course of business which 
operates or would operate as a fraud or deceit. The federal 
statutory and regulatory provisions referenced herein shall apply 
both to investment advisers and to investment advisers covered 
under federal law, to the extent permitted by the National 
Securities Markets Improvement Act of 1996 (Pub. L. No. 104- 
290). 

(b) There shall be a rebuttable presumption that the following 

legal or disciplinary events involving the adviser or a 

management person of the adviser (any of the foregoing being 

referred to hereafter as "person") that were not resolved in the 

person's favor or subsequently reversed, suspended, or vacated 

are material within the meaning of Subparagraph (a)(17)(B) of 

this Rule for a period of 10 years from the time of the event: 

(1) A criminal or civil action in a court of competent 

jurisdiction in which the person: 

(A) was convicted, pleaded guilty or nolo 

contendere ("no contest") to a felony or 

misdemeanor, or is the named subject of a 

pending criminal proceeding (any of the 

foregoing referred to hereafter as "action"), and 

such action involved: an investment-related 



business, fraud, false statements, or omissions; 
wrongfijl taking of property; or bribery, 
forgery, counterfeiting, or extortion; 

(B) was found to have been involved in a violation 
of an investment-related statute or regulation; 
or 

(C) was the subject of any order, judgment, or 
decree permanently or temporarily enjoining 
the person from, or otherwise limiting the 
person from, engaging in any 
investment-related activity; 

(2) Administrative proceedings before the Administrator, 
Securities and Exchange Commission, any other 
federal regulatory agency or any other state agency 
(any of the foregoing being referred to hereafter as 
"agency") in which the person: 

(A) was found to have caused an 
investment-related business to lose its 
authorization to do business; 

(B) was found to have been involved in a violation 
of an investment-related statute or regulation 
and was the subject of an order by the agency 
denying, suspending, or revoking the 
authorization of the person to act in, or barring 
or suspending the person's association with, an 
investment-related business or otherwise 
significantly limiting the person's 
investment-related activities; or 

(C) was found to have engaged in an act or a 
course of conduct which resulted in the 
issuance by the agency of an order to cease and 
desist the violation of the provisions of any 
investment-related statute or rule; or 

(3) Self-Regulatory Organization (SRO) proceedings in 
which the person: 

(A) was found to have caused an 
investment-related business to lose its 
authorization to do business; or 

(B) was found to have been involved in a violation 
of the SRO's rules and was the subject of an 
order by the SRO barring or suspending the 
person from membership or from association 
with other members, or expelling the person 
from membership; fining the person more than 
two thousand five hundred dollars ($2,500.00); 
or otherwise significantly limiting the person's 
investment-related activities. 

(c) The information required to be disclosed by Subparagraph 
(a)(17) shall be disclosed to clients promptly, and to prospective 
clients not less than 48 hours prior to entering into any written 
or oral investment advisory contract, or no later than the time of 
entering into such contract if the client has the right to terminate 
the contract without penalty within five business days after 
entering into the contract. 

(d) For purposes of this Rule: 

( 1 ) "Management person" means a person with power to 
exercise, directly or indirectly, a controlling influence 
over the management or policies of an investment 



12:23 



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June 1, 1998 



2156 



vmfmm^f^^mamiSKssmt 



APPROVED RULES 



adviser which is not a natural person or to determine 
the general investment advice given to clients; 

(2) "Found" means determined or ascertained by 
adjudication or consent in a final SRO proceeding, 
administrative proceeding, or court action; 

(3) "Investment-related" means pertaining to securities, 
commodities, banking, insurance, or real estate 
[including, but not limited to, acting as or being 
associated with a dealer, investment compan\', 
investment adviser, government securities broker or 
dealer, municipal securities dealer, bank, savings and 
loan association, entity or person required to be 
registered under the Commodity Exchange Act (7 
U.S.C. 1 et seq.), or fiduciary]; 

(4) "Involved" means acting or aiding, abetting, causing, 
counseling, commanding, inducing, conspiring with or 
failing reasonably to supervise another in doing an 
act; and 

(5) "Self-Regulatory Organization" or "SRO" means any 
national securities or commodities exchange, 
registered association, or registered clearing agency. 

(e) For purposes of calculating the ten-year period during 
which events are presumed to be material under Paragraph (b), 
the date of a reportable event shall be the date on which the final 
order, judgment, or decree was entered, or the date on which any 
rights of appeal from preliminary orders, judgments, or decrees 
lapsed. 

(f) Compliance with this Rule shall not relieve any investment 
adviser fi"om the obligations of any other disclosure requirement 
under the Act, the rules thereunder, or under any other federal or 
state law. 



materials or publicly made oral statements; 

(2) solely by means of written materials or oral statements 
not purporting to meet the objectives or needs of 
specific individuals or accounts; 

(3) solely through the issuance of statistical information 
containing no expressions of opinion as to the 
investment merits of a particular security; or 

(4) any combination of the foregoing services. 

This exemption shall apply only if the materials and oral 
statements disclose that, if the purchaser of the advisory 
communication uses the investment adviser's services in 
connection with the sale or purchase of a security which is a 
subject of the communication, the investment adviser may act as 
principal for its own account or as agent for another person. 
Compliance by the investment adviser with the foregoing 
disclosure requirement shall not relieve it of any other disclosure 
obligations under the Act. 

History- Note: Filed as a Temporary Rule Ejf. January 2, 

1989, for a period of 180 days to expire on June 30, 1989: 

Authority G.S. 78C-8(fj: 78C-30(a): 

Ejf. February 1, 1989: 

Temporary Amendment Eff. October 1, 1997: 

Amended Eff. August L 1998. 



TITLE 19A - DEPARTMENT OF TRANSPORTATION 

CHAPTER 2 - DIVISION OF HIGHWAYS 
SUBCHAPTER 2E - MISCELLANEOUS OPERATIONS 



History Note: Filed as a Temporary Rule Eff. January 2, 

1 989. for a period of 180 days to expire on June 30. 1 989: 

Authority G.S. 78C-18(b): 78C-30(a): 

Eff. Februaiy 1, 1989: 

.Amended Eff September 1, 1995: 

Temporaiy .Amendment Eff. October 1, 1997: 

Amended Eff. August 1 . 1998. 

.1804 EXEMPTION/SECTION 78C-8(a)(3)/CERTAlN 
BROKER-DEALERS 

(a) For purposes of this Rule: 

(1) "Publicly distributed written materials" means written 
materials which are distributed to 35 or more persons 
w ho pay for those materials; 

(2) "PubliciN' made oral statements" means oral statements 
made simultaneously to 35 or more persons who paN 
for access to those statements; and 

(3) "Investment adviser" shall include an investment 
adviser covered under federal law as defined in G.S. 
78C-2(4). 

(b) An investment adviser registered as a broker-dealer 
pursuant to Section 15 of the Securities Exchange Act of 1934 
shall be exempt from Section 78C-8(a)(3) of the Act in 
connection with any transaction in relation to which that 
broker-dealer acts as an investment adviser: 

( 1 ) solely b\ means of publicly distributed written 



SECTION .0200 - OUTDOOR ADVERTISING 

.0221 FEES 

(a) The fee for an initial installation is two hundred fifty 
dollars ($250.00) per each mainline, per each ramp, and per each 
trailblazer business sign. Contracts shall be renewed annually 
every November 1 . The annual maintenance fee is two hundred 
fifty dollars ($250.00) per each mainline, per each ramp, and per 
each trailblazer business sign. The initial fee shall cover a one- 
year period beginning with placement and acceptance of the 
"business sign" or "logo sign" by the department. The fee for 
that period of time between the first anniversary of placement 
and acceptance and the first annual renewal date shall be the 
prorated portion of the annual fee. An\ business which meets 
the criteria to participate in the program may pay the cost of 
initial installation of a complete logo sign panel subject to a 
credit to be determined by the department at the time it receives 
an\' fee from a business which later qualifies and elects to 
participate in the program on the subject panel. The aforesaid 
pa\Tnent of the cost of initial installation of a complete logo sign 
panel in no way relieves the participating business from the 
obligation of its payment of the annual maintenance fee per 
business sign. 

(b) Fees may be paid by check or money order and due in 
advance of the period or service covered by said fee. Failure to 
pa\ a charge when due is ground for removal of the sign and 



( 



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NORTH CAROLINA REGISTER 



June 1, 1998 



12:23 



APPROVED RULES 



termination of the contract. 

(c) When requested by a business, the department may 
perform additional requested services in connection with 
changes of the business sign, upon payment of a twenty-five 
dollar ($25.00) service charge per business sign, and any new or 
renovated business sign required for such purpose shall be 
provided by the applicant. If the department removes or masks 
a business sign because of seasonal operation, there shall be no 
additional charge to the business. 

(d) The department shall not be responsible for damages to 
business signs caused by acts of vandalism, accidents, natural 
causes (including natural deterioration), requiring repair or 
replacement of business sign(s). Applicants in such event shall 
provide a new or renovated business sign together with payment 
of a twenty-five dollar ($25.00) service charge per business sign 
to the department to replace such damaged business sign(s). 

(e) Any participating business, other than "GAS", "FOOD", 
or "LODGING" service located more than three miles from a 
fully controlled access highway, which did not previously 
participate in the initial cost of the installation of logo sign 
panels, and which meets the criteria to participate in the 
program, may by making application to the department and 
paying nine hundred and ten dollars ($910.00), per each 
mainline business sign and per each ramp business sign, avoid 
being removed from this program by applications of other 
businesses deemed closer to the interchange. No charge shall be 
made for trailblazers. Any participating applicant may pay for 
only one logo sign on any sign panel. This payment shall be 
made only at the beginning of a contract or at the renewal time. 
This payment in no way relieves the participating business from 
the obligation of its payment of the annual maintenance fee per 
each business sign. The annual maintenance fee shall be two 
hundred fifty dollars ($250.00) per each mainline, per each 
ramp, and per each trailblazer business sign. 

(f) Any business, other than "GAS", "FOOD", or 
"LODGFNG" service located more than three miles from a fully 
controlled access highway, which meets the criteria to participate 
in the program, by making application to the department and 
prepaying all construction cost fees may avoid being removed 
from this program by applications of other businesses deemed to 
be closer to the interchange. Any business applicant may prepay 
the balance of construction costs for only one logo sign on any 
sign panel. This prepayment of all construction cost fees in no 
way relieves the participating business from the obligation of its 
payment of the annual maintenance fee per each business sign. 
The annual maintenance fee per each mainline, per each ramp, 
and per each trailblazer business sign shall be two hundred fifty 
dollars ($250.00). 

(g) Any participating business located more than three miles 
from a fully confroUed access highway, that prepaid all 
construction costs for the initial installation of the logo 
background sign panels, shall be allowed a reimbursement if 
dislocated by another qualifying, participating business. This 
reimbursement amount shall be determined by the Department, 
based on the life-cycle costs of the logo signs and the in-service 
time the business logo was displayed. 

(h) Any business, other than "GAS", "FOOD", or 
"LODGfNG" service located more than three miles from a fully 



controlled access highway, which meets the criteria to participate 
in the program, by making application to the department and 
paying nine hundred ten dollars ($910.00) per each mainline 
business sign and per each ramp business sign, may avoid being 
removed from this program by applications of other businesses 
deemed closer to the interchange. No charge shall be made for 
trailblazers. Any business applicant may pay for only one logo 
sign on any sign panel. This payment shall be made only at the 
beginning of a contract or at the renewal time. This payment in 
no way relieves the participating business from the obligation of 
its payment of the annual maintenance fee per each business 
sign. The annual maintenance fee per each mainline, per each 
ramp, and per each trailblazer business sign shall be two hundred 
fifty dollars ($250.00). 
(i) No fee shall be charged for supplemental service signs. 

History Note: Authority G.S. 136-89.56: 136-137: 136-139; 

143B-346: 143B-348; 143B-35O0; 23 C.F.R. 750, Subpart A; 

23 U.S.C. 1310: 

Ef. April 1. 1982: 

Amended Eff. August L 1998: April 1, 1994; October 1, 1993; 

December /, 1992; September 1, 1990. 

Mil CONTRACTS WITH THE DEPARTMENT 

(a) The department shall perform all required installation, 
maintenance, removal and replacement of all business signs 
upon panels. 

(b) Individual businesses requesting placement of business 
signs on panels shall apply by submitting to the Department of 
Transportation a completed Agreement form. As a condition of 
said Agreement, the applicant must agree to submit the required 
initial fee within 30 days after the business is approved by the 
department. The department shall provide a statement(s) to the 
applicant at the time agreements are provided that itemize the 
number of business signs required, their fee(s) and remittance 
requirements. 

(c) Businesses must submit a layout of their proposed 
business sign for approval by the department before the business 
sign is fabricated. 

(d) No business sign shall be displayed which, in the opinion 
of the department, is unsightly, badly faded, or in a state of 
dilapidation. The department shall remove, replace, or mask any 
such business signs as appropriate. Ordinary initial installation 
and maintenance services shall be performed by the department 
at such necessary times upon payment of the annual renewal fee, 
and removal shall be performed upon failure to pay any fee or 
for violation of any provision of the rules in this Section and the 
business sign shall be removed. The business shall furnish all 
business signs. 

(e) When a business sign is removed, it shall be taken to the 
division traffic services shop of the division in which the 
business is located. The business shall be notified of such 
removal and given 30 days in which to retrieve their business 
sign(s). After 30 days, the business sign shall become the 
property of the department and shall be disposed of as the 
department shall see fit. 

(f) Should the department determine that trailblazing to a 
business that is signed for at the interchange is desirable, it shall 



12:23 



NOR TH CAROLINA REGISTER June 1,1998 



2158 



mPtssmmmmi^mimmanaKt 



APPROVED RULES 



be done with an assembK (or series of assemblies) consisting of 
a ramp size business sign and a white on blue arrow. The 
business shall furnish all business sign(s) required and deemed 
necessarN' by the department. Fees shall be the same as for other 
business sign(s). If se\eral different services are located on the 
same business site, duplicate t}.pe logo signs shall not be erected 
in a single logo trailblazer installation. In such trailblazer 
installations. onK one logo sign and one directional arrow sign 
shall be used. The business ma\ submit, subject to approval b\ 
the department, different logo signs to identify different services 
which maN be located on the same business site. 

(g) Should a business qualify for business signs at two 
interchanges, the business sign(s) shall be erected at the nearest 
interchange. If the business desires signing at the other 
interchange also, it ma> be so signed pro\ided it does not 
prevent another business from being signed. 

(h) Where there are more businesses which meet the criteria 
to participate in the program than space is available on the 
panel(s). then those businesses closer to the interchange, 
measured as described in Rule .0219(b) of this Section, shall be 
permitted to participate, except as provided for in Rule .0221(a). 
(e). and (f) of this Section. 

A business under construction shall not be allowed to apph for 
participation in the program if its participation would prevent an 
existing open business applicant from participating, unless the 
open business has turned down a pre\ ious opportunitv offered 
bN' the Department to participate in the program as provided in 
Paragraph (i) of this Rule. After appro\al of an application to 
participate, a business under construction shall be allowed 
priority participation over another business, which qualifies and 
becomes open for business prior to the time specified for 
opening in the application b> the business under construction. 

(i) Should the number of businesses of a particular service at 
an interchange increase to more than the maximum number of 
business signs allowed on a panel, and a closer business 
qualifies and requests installation of its business signs, the 
business sign(s) of the farthest business shall be remo\ ed at the 
renewal date, provided that an> business which has previousK 
paid the frill cost of erecting a panel shall not be removed under 
this Rule. A business w ith more than one sign displaved on an\ 
panel shall have the additional sign(s) removed at the end of a 
contract period when other qualifying business(es) applies for 
space on the panels. A business which has turned down a 
pre\ ious opportunity offered b\ the department to participate in 
the program maN not qualify- as a closer business under this Rule, 
except as provided in Rule . 0221(a). (e). and (f) of this Section. 
If the existing sign is designed to hold less than the maximum 
allowed number of business panels, then the new business must 
pa\ the full cost of upgrading the sign to the maximum size such 
that displacements of renters shall not take place until the sign is 
at maximum size. 

A business closed for reconstruction or reno\ation. or for 
restoration of damages caused b\ fire or storm shall notify- the 
di\ision engineer's office immediateh- upon closing. The 
business shall be granted one \ear to complete the construction. 
reno\ation. or restoration, provided all logo fees are maintained 
and the same type of qualifying service is pro\ided after 
reopening, even if under a different business name. The 



business signs shall be removed from the panels and stored by 
the department until notice of reopening is received. The signs 
shall then be reinstalled upon pavment of a fee of twenty-five 
dollars (S25.00) per sign. 

(]) When it comes to the attention of the department that a 
participating business is not in compliance with the minimum 
state criteria the division engineer's office shall promptly verify 
the information and if a breach of agreement is ascertained, 
inform the business that it shall be given 30 days to correct any 
deficiencies or its business signs shall be removed. If the 
business is removed and later applies for reinstatement, this 
request shall be handled in the same manner as a request from a 
new applicant. When a participating business is determined not 
to be in compliance with the minimum state criteria for a second 
time within two years of the first determination of non- 
compliance, its business signs shall be permanently removed. 
At the time specified for opening, if a business under 
construction is found to not be in compliance, or not open for 
business, the Division Engineer shall promptly verify' the 
information. If a breach of agreement is ascertained, the 
Di\ision Engineer shall inform the business that it shall be given 
30 days to correct an\ deficiencies or its business signs shall not 
be erected. If the business later applies for reinstatement, this 
request shall be handled in the same manner as a request from a 
new applicant. 

(k) The department may cover or remove an) or all business 
signs in the conduct of maintenance or construction operations, 
or for research studies, or whencNer deemed by the department 
to be in the best interest of the department or the tra\eling 
public, without advance notice thereof 

(1) The transfer of ownership of a business for which an 
agreement has been lawfulK executed with the original owner 
shall not in any way affect the validity of the agreement for the 
business sign(s) of the business, provided that the appropriate 
division engineer is given notice in writing of the transfer of 
owTiership within 30 days of the actual transfer. 

(m) No new contracts shall be accepted b\ the Department 
during the month of October. 

History Note: Authority- G.S. 136-89.56: 136-13": 136-139: 

143B-346: 143B-348: 143B-350iJ): 23 C.F.R. 750, Subpart A; 

23 U.S.C. 131(f): 

Eff. April 1. 1982: 

Amended Eff. Ausust L 1998: December 1. 1994: October 1. 

1993: October 1. 1992: September 1. 1990. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 14 - BOARD OF COSMETIC ART 
EXAMINERS 

SUBCHAPTER 14A - DEPARTMENTAL RULES 

SECTION .0100 - ORGANIZATIONAL RULES 

.0101 DEFINITIONS 

The following definitions appK in this Chapter: 



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12:23 



APPROVED RULES 



(1) "Beauty Establishment" refers to both cosmetic art 
schools and cosmetic art shops. 

(2) "Board" refers to the North Carolina State Board of 
Cosmetic Art Examiners. 

(3) "Cosmetic Art School" refers to any place where 
cosmetic art, as defined by G.S. 88-2, or methods of 
teaching cosmetic art are taught for purposes of 
licensing by the Board regardless of the title of the 
school or program. 

(4) "Cosmetic Art Shop" refers to any building, or part 
thereof, wherein cosmetic art, as defined by G.S. 88- 
2, is practiced, other than a cosmetic art school. 

(5) "Cosmetology School" is any cosmetic art school 
which teaches cosmetology as defined by G.S. 88-2, 
Paragraph 2, but is not a manicurist school. 

(6) "Cosmetology Student" is a student in any cosmetic 
art school with the exception of a manicurist student. 

(7) "Cosmetology Teacher" is any teacher who is licensed 
by the Board to teach the cosmetic arts. 

(8) "Manicuring" is that set of cosmetic arts related to the 
nails, hands, arms and feet. It includes traditional 
manicuring, pedicuring, arm and hand massages, and 
all types of artificial nails. 

(9) "Manicurist School" is a cosmetic art school which 
teaches only the cosmetic arts of manicuring. 

( 1 0) "Manicurist Student" is a student in any cosmetic art 
school whose study is limited to the manicurist 
curriculum set forth in 21 NCAC 14K .0002. 

(11) "Manicurist Teacher" is a teacher who is licensed by 
the Board to teach only the manicuring curriculum. 

(12) "Booth" is a work station within a cosmetic art shop 
which is used primarily by one cosmetologist or 
manicurist in performing cosmetic art services for 
their clientele. 



and equipment for teaching as required by Subchapters 141 and 
14J, and shall provide a staff of cosmetic art teachers licensed by 
the Board. 

(b) The Board shall not accept an application for a letter of 
approval until all furniture, supplies and equipment as prescribed 
by the Rules in this Chapter has been installed and the entire 
school is complete. 

(c) All courses in a cosmetic art school must be taught by a 
licensed cosmetology teacher, except that manicuring courses 
may be taught by either a licensed cosmetology teacher or a 
licensed manicurist teacher. 

(d) Authority for direction of the cosmetology program shall 
be delegated to a full-time director/manager at each cosmetic art 
school location. This authority encompass responsibilities for 
maintaining the Act to Regulate the Practice of Cosmetic Art in 
the State of North Carolina and other legal requirements in all 
areas of the program, as listed in said Act. The program director 
shall records supervise maintenance of all student records and 
verify and sign each student's application for the licensing 
examination as "Manager" of the cosmetology school before 
sending the application to the North Carolina State Board of 
Cosmetic Art Examiners. 

(e) Notwithstanding Paragraph (c) of this Rule, a registered 
cosmetologist not licensed to teach cosmetic art may substitute 
for a cosmetology or manicurist teacher and a registered 
manicurist not licensed by this Board as a manicurist teacher 
may substitute for a manicurist teacher. In no event may such a 
substitution last for more than 1 5 working days per year per 
teacher. 

History Note: Authority G.S. 88-23; 88-30; 

Eff. February 1, 1976; 

Amended Eff. August L 1998; February 2, 1995; May 1, 1991; 

January 1. 1989. 



History Note: A uthority G. S. 88- 1 ; 88-23; 

Ejf. February 1. 1976: 

Amended Eff. August L 1998; June 1, 1993; October 1, 1991; 

May 1, 1991; January 1. 1989. 

SUBCHAPTER 148 - RULE-MAKING PROCEDURES 

SECTION .0600 - FEES 

.0605 COSMETOLOGIST LICENSE FEE 

The license fee and the renewal fee of a registered 
cosmetologist shall be thirty-nine dollars ($39.00) for three years 
payable in advance if the license is renewed before it becomes 
delinquent. 



History Note: Authority G.S. 
Eff. August 1, 1998. 



-23; 88-21; 



.0013 TEACHER/STUDENT RATIO 

(a) All cosmetic art schools shall provide one teacher for 
every 20 students, or a fraction thereof, present. 

(b) This ratio shall be adhered to at all time schools are in 
operation. Refer to 21 NCAC 14G .0015. 

(c) Each teaching cosmetology faculty member shall not be 
responsible for more than 20 students in the same time period. 

History Note: Authority G.S. 88-23:88-30; 

Eff. February 1. 1976; 

Amended Eff. August L 1998; April 1. 1991; January 1. 1989; 

May /, 1988. 

SUBCHAPTER 141 - OPERATIONS OF SCHOOLS OF 
COSMETIC ART 

SECTION .0100 - RECORD KEEPING 



SUBCHAPTER 14G - REQUIREMENTS FOR THE 
ESTABLISHMENT OF COSMETIC ART SCHOOLS 

.0007 EQUIPMENT AND TEACHERS 

(a) A cosmetic art school shall have the necessary classrooms 



.0105 TRANSFER OF CREDIT 

(a) In order that hours may be transferred from one cosmetic 
art school to another, a student must pass an entrance 
examination given by the school to which the student is 
transferring. 



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(b) A cosmetology student must complete at least 500 hours 
in the cosmetic art school certifying his or her application for the 
state board examination. 

(c) Upon written petition by the student, the Board, in its 
discretion, may make an exception to the requirements set forth 
in Paragraph (b) of this Rule if the student shows that unusual 
circumstances beyond the student's control prohibited him or her 
from completing 500 hours at the school which certifies his or 
her application. 

(d) A student who wishes to transfer from a cosmetology 
course to a manicuring course may not receive credit for hours 
received in the cosmetology course. 

(e) A student who wishes to transfer from a manicurist course 
to a cosmetolog> course may not receive credit for hours 
received in the manicurist course. 

(0 If a student is transferring from another state, the student 
shall submit certification of hours and performances to the 
cosmetic art school in which they are enrolled. 

History Note: Authority G.S. 88-23: 88-30: 
EJf. February 1. 1976: 

Amended Eff. Ausust L 1998: December 1. 1993: 
January 1. 1991: Januaiy 1. 1989: April 1. 1988. 

.0109 SUMMARY OF COSMETIC ART EDUCATION 

(a) The manager of each cosmetic art school must compile, 
from the school's records, a summar%' of hours, live model 
performance completions, date of enrollment, and last date of 
attendance. The examination application must be presented to 
the student upon graduation or within 30 days after the student's 
graduation date. 

(b) This examination application must be signed by the 
owner/director, a teacher, and the student and must have the seal 
of the school affixed. 

(c) The examination application must be prepared on a form 
furnished by the Board. The cosmetic art school shall mail a 
copy with the school seal affixed of the examination application 
to the Board at the Board's address. 



examination, except those students enrolled for the manicurist 
course only. 

(d) Each student must spend 300 hours in the beginner 
department before entering the advanced department and may 
not work on members of the public during this 300 hours except 
shampoo and scalp manipulations. 

(e) Hours earned in the beginner department must be devoted 
to scientific study and mannequin practice as outlined in 21 
NCAC 14J .0104 and .0105. 

(0 Manicuring practice in the beginner department must be 
done during the first 300 hours of instruction and shall be done 
on the students enrolled in the cosmetology school. 

History Note: Authority G.S. 88-23: 

Eff. February 1, 1976: 

Amended Eff. Ausust J_^ 1998: February 1, 1995: January 1, 

1989: April 1. 1988. 

SECTION .0200 - ADVANCED DEPARTMENT 

.0202 PRACTICAL WORK FOR ADVANCED 
STUDENTS 

(a) The hours earned in the advanced department must be 
devoted to study and live model performance completions. 

(b) Work in this department may be done on the public. 
Students with less than 300 hours credit must not work in this 
department and are not allowed to work on the public except 
shampoo and scalp manipulations. 

(c) All work done b\ students on the public must be checked 
by the cosmetology teacher as the work is being performed and 
after the service has been completed so that the teacher may 
point out errors to the student in order that they may be 
corrected. 



History Note: Authority G.S. 88-23: 

Eff. February 1. 1976: 

Amended Eff. .4 usust j_^ 1998: January 

1989. 



1, 1995: January I. 



History Note: Authority' G.S 88-23: 88-30: 

Eff February 1. 1976: 

Amended Eff. August L 1998: May 1. 1991: Januaiy 1. 1989: 

April 1. 1988. 



SUBCHAPTER 14L - COSMETIC ART TEACHERS 

SECTION .0100 - TEACHER QUALIFICATIONS AND 
EXAMINATIONS 



SUBCHAPTER 14J - COSMETOLOGY CURRICULUM 

SECTION .0100 - BEGINNERS' DEPARTMENT 

.0103 TIME REQUIREMENTS ACCORDING TO 
HOURS 

(a) The maximum time a student may earn in a cosmetolog\ 
school in any one da\ is eight clock hours. The maximum time 
a student may earn in a cosmetology school in any one week is 
40 clock hours. 

(b) Hours earned on one day shall not be credited to another 
da\. 

(c) Each student must complete 1200 hours in a cosmetologs 
school before appKing to the Board for the cosmetologist's 



.0101 QUALIFICATIONS - COSMETOLOGIST 
TEACHERS 

(a) To be a cosmetology teacher, an applicant must: 

(1) have a high school diploma or a high school 
graduation equivalency certificate and a current North 
Carolina cosmetology license; 

(2) have either: 

(A) practiced cosmetolog\ in a cosmetic art shop 
for a period equivalent to five years of fiill-time 
work; or 

( B) completed an 800-hour teacher training course 
in cosmetology set forth in 21 NCAC 14L 
.0216(a) in an approved cosmetic art school: 
and 



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(3) pass the cosmetology teacher's examination, 
(b) This Rule applies to applicants who submit an application 
to be a cosmetology teacher on or after August 1 , 1 989, except 
those who were enrolled in a teacher training course on that date. 
The rules in effect until August 1, 1989 apply to applicants who 
were enrolled in a teacher training course on that date. 

History Note: Authority G.S. 88-23; 

Eff. February 1. 1976; 

Amended Eff. August L J 998; May 1, 1991; August 1. 1989; 

May 1. 1988. 

SECTION .0200 - TEACHER PROGRAM AND 
CURRICULUM 

.0214 FEE 

An applicant for a cosmetic art teacher's license shall pay the 
fee as set by G.S. 8-21(a)(16). The Board shall not issue a 
license until this fee is paid. 

History Note: Authority G.S. 88-21; 88-23; 

Eff. February 1. 1976; 

Amended Eff. August 1, 1998; April 1. 1991; August 1, 1989; 

May 1. 1988. 

CHAPTER 16 - BOARD OF DENTAL EXAMINERS 

SUBCHAPTER 16V - UNPROFESSIONAL CONDUCT 

.0101 DEFINITION: UNPROFESSIONAL CONDUCT 

Unprofessional conduct by a dentist shall include, but not be 
limited to, the following: 

(1) Having a license to practice dentistry revoked, 
suspended, or otherwise acted against, including the 
denial of licensure, by the licensing authority of 
another state, territory, or country; (For purposes of 
this Section, the surrender of a license under threat of 
disciplinary action shall be considered the same as if 
the licensee had been disciplined.) 

(2) Intentionally presenting false or misleading testimony, 
statements, or records to the Board or the Board's 
investigator or employees during the scope of any 
investigation, or at any hearing of the Board: 

(3) In connection with the practice of dentistry, making or 
filing a report or record which the licensee knows to 
be false, failing to file a report or record required by 
state or federal law. or knowingly impeding or 
obstructing the filing of a report or record, or inducing 
another person to do so; 

(4) Committing any act which would constitute sexual 
assault or battery in connection with the provision of 
dental services; 

(5) Violating any lawful order of the Board previously 
entered in a disciplinary hearing, or failing to comply 
with a lawfully-issued subpoena of the Board; 

(6) Conspiring with any person to commit an act, or 
committing an act which would tend to coerce, 
intimidate, or preclude any patient or witness from 



testifying against a licensee in any disciplinary 
hearing, or retaliating in any manner against any 
patient or other person who testifies or cooperates 
with the Board during any investigation under the 
Dental Practice or Dental Hygiene Acts; 

(7) Failing to identify to a patient, patient's guardian or 
the Board the name of an employee, employer, 
contractor, or agent who renders dental treatment or 
services upon request; 

(8) Prescribing, procuring, dispensing, or administering 
any controlled substance for personal use except those 
prescribed, dispensed, or administered by a 
practitioner authorized to prescribe them; 

(9) Pre-signing blank prescription forms or using pre- 
printed or rubber stamped prescription forms 
containing the dentist's signature or the name of any 
controlled substance; 

( 1 0) Forgiving the co-payment provisions of any insurance 
policy, insurance contract, health prepayment 
contract, health care plan, or nonprofit health service 
plan contract by accepting the payment received from 
a third party as full payment, unless the dentist 
discloses to the third party that the patient's payment 
portion will not be collected; 

(11) Failing to provide radiation safeguards required by the 
Radiation Protection Section of the State Department 
of Environment. Health, and Natural Resources; 

( 1 2) Having professional connection with or lending one's 
name to the unlawful practice of dentistry; and 

(13) Using the name of any deceased or retired and 
licensed dentist on any office door, directory, 
stationery, bill heading, or any other means of 
communication any time after one year following the 
death or retirement fi-om practice of said dentist. 

History Note; Authority G.S. 90-28; 90-41; 90-48; 
Eff. Ausust L J 998. 

.0102 DEFINITION: UNPROFESSIONAL CONDUCT 
BY A DENTAL HYGIENIST 

Unprofessional conduct by a dental hygienist shall include, 
but not be limited to, the following: 

( 1 ) Having a license to practice dental hygiene revoked, 
suspended, or otherwise acted against, including the 
denial of licensure, by the licensing authority of 
another state, territory, or country; (For purposes of 
this Section, the surrender of a license under threat of 
disciplinary action shall be considered the same as if 
the licensee had been disciplined.) 

(2) Presenting false or misleading testimony, statements, 
or records to the Board or a Board employee during 
the scope of any investigation or at any hearing of the 
Board; 

(3) In connection with the practice of dentistry, making or 
filing a false report or record, failing to file a report or 
record required by state or federal law, knowingly 
impeding or obstructing the filing of a report or record 
or inducing another person to do so; 



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(4) Committing any act which would constitute sexual 
assault or battery in connection with the provision of 
dental hygiene services; 

(5) Violating a lawful order of the Board previously 
entered in a disciplinary hearing or failing to comply 
with a lawfully-issued subpoena of the Board; 

(6) Conspiring with any person to commit an act, or 
committing an act which would tend to coerce, 
intimidate, or preclude any patient or witness from 
testifying against a licensee in any disciplinary 
hearing, or retaliating in any manner against any 
person who testifies or cooperates with the Board 
during any investigation of any licensee; 

(7) Failing to identify to a patient, patient's guardian, or 
the Board the name of any person or agent who 
renders dental treatment or services upon request; 

(8) Procuring, dispensing, or administering any controlled 
substance for personal use except those prescribed, 
dispensed, or administered by a practitioner 
authorized to prescribe them; 

(9) Acquiring any controlled substance from any 
pharmacy or other source by misrepresentation, fraud 
or deception; and 

(10) Having professional connection with or lending one's 
name to the illegal practice of dental hygiene. 

History Note: Authority- G.S. 90-223: 90-229: 
Eff. Amust l. 1998. 

CHAPTER 36 - BOARD OF NURSING 

SECTION .0600 - ARTICLES OF ORGANIZATION 

.0602 PREREQUISITES FOR ORGANIZATION 

(a) Before filing the articles of organization for a limited 
liability company with the Secretary of State, the organizing 
members shall submit the following to the Board: 

( 1 ) a registration fee as set by Rule .0606 of this Section; 
and 

(2) a certificate certified by those registered nurse 
organizing members, setting forth the names, 
addresses, social security and license numbers of each 
person who will be employed by the limited liability 
company to practice nursing and related services as 
specified in G.S. 55BI4(c){2), (4) - (6), and stating 
that all such persons are duly licensed to practice 
nursing in North Carolina, and representing that the 
company will be conducted in compliance with the 
General Statutes of North Carolina Articles of 
Organization and this Subchapter. 

(b) A certification that each of those organizing members who 
may provide nursing and related services as specified in G.S. 
55B- 14(c)(2). (4) - (6) is licensed to practice nursing in North 
Carolina shall be returned to the limited liability company for 
filing with the Secretarv of State. 



History Note: 
14: 5''C-2-01: 



Author in- G.S. 55B-4: 55B-10: 55B-12: 558- 



Eff. Ausust 1, 1998. 

.0603 CERTIFICATE OF REGISTRATION 

A Certificate of Registration for a Limited Liability Company 
shall remain effective until December 3 1 of the year in which it 
was issued unless suspended or terminated as provided by law. 
A Certificate of Registration shall be renewed armually on 
application forms supplied by the Board. The application shall 
be accompanied by a renewal fee as set by Rule .0606 of this 
Section. 

History Note: Authority G.S. 55B-10: 55B-11; 57C-2-01: 
Eff. Auzust l. 1998. 

CHAPTER 46 - BOARD OF PHARMACY 

SECTION .1800 - PRESCRIPTIONS 

.1810 COMPOUNDING LOG 

In accordance with G.S. 90-85.3(c) and (r), and 90-85.6(a), 
the Board has primary jurisdiction over compounding occurring 
in locations holding a pharmacy permit, and such compounding 
shall comply with the following: 

(1) based on the existence of a 
practitioner-pharmacist-patient relationship and the 
presentation of a valid prescription, or in anticipation 
of prescription orders based on established 
prescribing patterns, a pharmacist may compound a 
drug product for an individual patient. A pharmacist 
also may compound a drug product prior to receiving 
a valid prescription based on a history of receiving 
valid prescriptions generated within an established 
practitioner-pharmacist-patient relationship. 
Compounded drug products shall not be offered to 
other entities for resale; however, practitioners may 
obtain compounded drug products to administer to 
patients within the scope of their professional 
practice; 

(2) the pharmacist is responsible for all aspects of 
compounding; however, unlicensed personnel 
working under the supervision of the pharmacist may 
assist in compounding; 

(3) drug substances used for compounding shall be USP 
orNF grade, or if unavailable, AR, CP, ACS, or FCC 
grade substances may be used. If none of the 
foregoing grades are available, then the pharmacist 
must establish the purity and safety of the ingredient 
prior to its use. Manufactured drug products used for 
ingredients must be labeled with a batch control 
number and a future expiration date; 

(4) equipment and utensils used for compounding shall 
not be reactive, additive or absorptive so that the 
safety, identity, strength, quality, and purity of the 
compounded drug product will not be adversely 
affected. All compounding equipment and utensils 
shall be cleaned and sanitized prior to use. A 
compounding pharmacy shall have written procedures 
and formulas for the compounding of drug products; 



( 



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(5) any excess compounded drug product retained by the 
pharmacy shall be labeled with a complete list of 
ingredients or reference to such information, the 
preparation date, and an expiration date based upon 
the pharmacist's professional judgment. The excess 
compounded drug product shall be stored under 
conditions to preserve its strength, quality and purity; 

(6) with the exception of the simple reconstitution of drug 
products, the pharmacy shall maintain a log showing 
the name or initials of the person who compounded a 
drug product and the name or initials of the 
pharmacist who checked the compounded drug 
product; 

(7) with the exception of the simple reconstitution of drug 
products, the pharmacy shall maintain a recordkeeping 
system from which the date of purchase, supplier, 
manufacturer, and lot number or other identifier of 
each ingredient can be determined for each 
compounded drug product dispensed; provided 
however, that health care facility pharmacies may 
comply with this requirement by maintaining records 
of lot numbers only. All pharmacy records resulting 
from compounding, including the compounding log, 
shall be readily retrievable and maintained in the 
pharmacy for a period of three years; 

(8) in addition to the requirements of this Section, the 
compounding of radiopharmaceutical drug products 
shall comply with Section .2700 of this Chapter; 

(9) in addition to the requirements of this Section, the 
compounding of sterile parenteral drug products shall 
comply with Section .2800 of this Chapter. 

History Note: A uthority G. S. 90-85. 6; 90-85. 32; 
Ejf. September 1, 1995: 
Amended Eff. August 1. 1998. 

CHAPTER 48 - BOARD OF PHYSICAL THERAPY 
EXAMINERS 



request a radiologic consultation and reviewing x-rays; however, 
a physical therapist shall not order radiological examinations. 

History Note: Authority G.S. 90-270.24; 90-270.26; 

90-270.35; 

Eff. December 30, 1985; 

Amended Eff. August L 1998; April 1, 1989. 

SECTION .0400 - PHYSICAL THERAPY AIDES 

.0402 FUNCTION 

(a) A physical therapy aide may perform only those acts 
delegated by a licensed physical therapist or physical therapist 
assistant. 

(b) A physical therapist or physical therapist assistant must be 
present in the same facility and supervising any physical therapy 
aide to whom acts are delegated. 

(c) A physical therapy aide shall not engage in the 
performance of physical therapy activities without supervision 
by a licensee in accordance with this Subchapter. 

History Note: A uthority G. S. 90-2 70. 24; 90-2 70. 26; 
Eff. December 30, 1985;' 
Amended Eff. August 1, 1998. 

SUBCHAPTER 48D - EXAMINATIONS 

SECTION 0100 - EXAMINATIONS 

.01 10 ADMINISTRATION OF EXAMINATION 

The applicant shall comply with the procedures established by 
the testing center at the site where the test is administered. 

History Note: Authority G.S. 90-270.26; 90-270.29; 

90-270.30; 90-270.36; 

Eff. October 28, 1979; 

Amended Eff. Ausust L 1998; February 1, 1996; April 1. 1989; 

May 1, 1988. 



SUBCHAPTER 48C - SCOPE OF PHYSICAL 
THERAPY PRACTICE 



SUBCHAPTER 48E - APPLICATION FOR 
LICENSURE 



SECTION .0100 - PHYSICAL THERAPISTS 



SECTION .0100 - REQUIREMENTS 



.0103 PROHIBITED PRACTICE 

(a) A physical therapist is prohibited from employing acts, 
tests, procedures, treatments and modalities in the treatment of 
patients that are beyond the scope of the practice of physical 
therapy. Any patient whose condition requires medical 
diagnosis of disease or treatment beyond the scope of physical 
therapy must be referred to a licensed medical doctor or dentist. 

(b) A physical therapist may not permit any person working 
under his or her supervision to engage in acts or practices 
beyond the scope allowed by the Physical Therapy Practice Act 
or these Rules. 

(c) Physical therapy does not include the application of 
roentgen rays or radioactive materials, but consistent with the 
requirements of G.S. 90-270.35(4) a physical therapist may 



.0101 FILING APPLICATION 

(a) The applicant shall ascertain that his credentials are filed 
properly with the executive director. 

(b) To be certain an applicant shall be considered for the 
desired examination date, the application shall be submitted to 
the executive director at least 30 days prior to the examination. 

(c) The Board shall not consider an application until the 
applicant has successfully completed all the academic 
requirements and all clinical affiliations. 

History Note: Authority G.S 90-270.26; 90-270.29; 

90-270.31(b); 

Eff. Februaiy 1, 1976; 

Readopted Eff. September 30, 1977; 



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APPROVED RULES 



Amended Eff May 1, 1988; December 30. 1985; October 28, 

19' 9; 

Recodified Paragraph (cj to 21 NCAC 48C .0501 Eff. January 

25. 1989; 

Amended Eff. .August I 1998; Februaiy 1. 1996. 

.0110 FOREIGN-TRAINEDPHYSICALTHERAPISTS 

(a) English Translations. All application forms and 
supporting documents shall be in English or accompanied b\ an 
English translation. 

(b) Supporting Documents. In addition to the other 
requirements of this Section and G.S. 90-270.30. each 
foreign-trained applicant shall submit the following: 

( 1 ) If the applicant has graduated from a ph\sical therap\' 
educational program, a certification of physical 
therapN education shall be submitted directh to the 
Board. 

(2) If the applicant does not meet the requirements of 
G.S. 90-270.29(2). the Board shall examine the 
applicant's educational background to determine if the 
general college and professional instruction is 
substantialK equivalent to that of a United States 
physical therapy educational program. At a minimum. 
120 semester hours of college education is required, 
which includes a minimum of 60 semester hours of 
professional curriculum, including basic health 
sciences, clinical sciences and clinical education, and 
a minimum of 50 semester hours of general education. 
The applicant shall make arrangements with a 
credentialing ser\ice to ha\e the credentials e\'aluated. 
E\aluation of credentials, to be acceptable to the 
Board, shall be done b\ a ser\ ice that has a ph\ sical 
therapist consultant on its staff. The Board shall 
make its own review of applicant's educational 
program and is not bound b\ the findings of the 
credentialing ser\ice. 

(3) Proof acceptable to the Board shall be pro\ ided that: 

(A) For examinations administered prior to August 
1 . 1 998. the required minimum score of 2 1 on 
the TSE (Test of Spoken English) or the 
SPEAK (Speaking Protlcienc> English 
Assessment Kit) examination was obtained; 

(B) For examinations administered on or after 
August 1 . 1 998. the required minimtmi score of 
50 on the TSE examination or the SPEAK 
examination was obtained, the required 
minimum score of the Test of Written English 
(TWE) of 4.5. and the Test of English as a 
Foreign Language (TOEFL) of 560: or 

(C) English is the applicant's native language. 

History Note; Filed as a Temporary A mendment Eff. July 2 1 . 

1995. for a period of 180 days or until the permanent rule 

becomes effective, whichever is sooner; 

.Authority G.S. 90-2'0.26; 90-2~0.29; 90-2~0.30; 90-2'0.3l; 

Eff. December 30. 1985; 

Amended Eff. .August L 1998; February 1. 1996; October 1. 

1995; November 1. 1991; .August 1. 1991. 



SUBCHAPTER 48H - RULEMAKING AND 
ADMINISTRATIVE HEARING PROCEDURES 

SECTION .0700 - ADOPTION OF RULES 

.0701 PETITIONS 

(a) Any person wishing to submit a petition to the Board 
requesting the adoption, amendment or repeal of a rule shall file 
the petition with the Board's executive director. 

(b) The petition shall contain the following information: 

( 1 ) a proposed text of the rule to be adopted or amended 
or a citation to the rule to be repealed: 

(2) a statement of the reason for the proposal, including 
statutory authority ; 

(3) effect of the proposed rule change on the practice of 
physical therap}': 

(4) any data supporting the proposal: 

(5) name, address and telephone number of each 
petitioner. 

(c) The Board shall consider whether to grant or deny a 
petition at its next regularK scheduled meeting following receipt 
of a completed petition, but in any event, no more than 120 days 
after a completed petition is filed with the Board. 

History Note; Authority G.S. 90-2 W.26; 150B-20; " - 

Eff. October 1, 1995; 

Amended Eff. .August L 1998; February 1. 1996. 

CHAPTER 58 - REAL ESTATE COMMISSION 

SUBCHAPTER 58A - REAL ESTATE BROKERS AND 
SALESMEN 

SECTION .0100 - GENERAL BROKERAGE 

.0101 PROOF OF LICENSURE 

(a) The annual license renewal pocket card issued b\ the 
Commission to each licensee shall be retained by the licensee as 
e\idence of licensure. Each licensee shall earn.' his pocket card 
on his person at all times while engaging in real estate brokerage 
and shall produce the card as proof of licensure whenever 
requested. 

(b) The principal broker of a firm shall retain the firm's 
renewal pocket card at the firm and shall produce it upon request 
as proof of firm licensure as required b\ Rule .0502(e)(3) of this 
Subchapter. 

(c) Every licensed real estate business entity or firm shall 
prominentK display- its license certificate or facsimile thereof in 
each office maintained b>' the entity or firm. A broker-in-charge 
shall also prominentK displa\ his license certificate in the office 
where he is broker-in-charge. 

History Note; Authority G.S. 93A-3(c); 

Eff. February 1. 19-6; 

Readopted Eff. September 30. 19" 7; 

.Amended Eff. .August 1. 1998; .April 1. 199"^; February 1. 1989; 

April 1. 198'. 



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.0103 LICENSEE NAME AND ADDRESS 

Upon initial licensure and at all times thereafter, every 
licensee shall assure that the Commission has on record the 
licensee's current personal name, firm name, trade name, 
residence address and firm address. Every licensee shall notify 
the Commission in writing of each change of personal name, 
firm name, trade name, residence address and firm address 
within 10 days of said change. All addresses shall be 
sufficiently descriptive to enable the Commission to correspond 
with and locate the licensee. 

History Note: Authority G.S. 93A-3(c); 

Eff. February 1, 1976; 

Readopted Ejf. September 30. 1977: 

Amended Eff. August L 1998: February 1. 1989: May 1, 1984. 

.0104 AGENCY AGREEMENTS AND DISCLOSURE 

(a) Every listing agreement, buyer agency agreement or other agreement for brokerage services in a real estate sales transaction 
shall be in writing, shall provide for its existence for a definite period of time and shall provide for its termination without prior notice 
at the expiration of that period. 

(b) Every listing agreement, buyer agency agreement or other agreement for brokerage services in a real estate sales transaction 
shall contain the following provision: The broker shall conduct all his brokerage activities in regard to this agreement without respect 
to the race, color, religion, sex, national origin, handicap or familial status of any buyer, prospective buyer, seller or prospective seller. 
The provision shall be set forth in a clear and conspicuous manner which shall distinguish it from other provisions of the agreement. 
For the purposes of this Rule, the term, familial status, shall be defined as it is in G.S. 41 A-3(lb). 

(c) Every listing agreement, buyer agency agreement or other agreement for brokerage services in a real estate sales transaction 
shall incorporate the "Description of Agent Duties and Relationships" prescribed by the Commission which shall be set forth in a clear 
and conspicuous manner and shall not include or be accompanied by any additional text which contradicts its meaning and substance. 
The "Description of Agent Duties and Relationships" shall read as follows: 

DESCRIPTION OF AGENT DUTIES AND RELATIONSHIPS 

Before you begin working with any real estate agent, you should know who the agent represents in the transaction. Every 
listing agreement, buyer agency agreement or other agreement for brokerage services in a real estate sales transaction in North 
Carolina must contain this "Description of Agent Duties and Relationships" [N.C. Real Estate Commission Rule 21 NCAC 58A 
.0104(c). eff. 7/1/95]. Real estate agents should carefully review this information with you prior to entering into any agency 
agreement. 

AGENTS' DUTIES 

When you contract with a real estate firm to act as your agent in a real estate transaction, the agent must help you obtain the best price 
and terms possible, whether you are the buyer or seller. The agent also owes you the duty to: 



•Safeguard and accoimt for any money handled for you 

•Be loyal and follow reasonable and lawful instructions 

•Act with reasonable skill, care and diligence 

•Disclose to you any information which might influence yotir decision to buy or sell 



Even if the agent does not represent you, the agent must still be fair and honest and disclose to you all "material facts" which the agent 
knows or reasonably should know. A fact is "material" if it relates to defects or other conditions affecting the property, or if it may 
influence your decision to buy or sell. This does not require a seller's agent to disclose to the buyer the minimum amount the seller 
will accept, nor does it require a buyer's agent to disclose to the seller the maximum price the bifyer will pay. 

AGENTS WORKING WITH SELLERS 

A seller can enter into a "listing agreement" with a real estate firm authorizing the firm and its agent(s) to represent the seller in finding 

12:23 NORTH CAROLINA REGISTER June 1, 1998 2166 



APPROVED RULES 



a buyer for his property. The Hsting agreement should state what the seller will pay the listing firm for its services, and it may require 
the seller to pay the firm no matter who finds the buyer. 

The listing firm may belong to a listing service to expose the seller's property to other agents who are members of the service. Some 
of those agents may be working with buyers as buyers' agents; others will be working with buyers but still representing the sellers' 
interests as an agent or "subagent." When the buyer's agents and seller's subagents desire to share in the commission the seller pays 
to the listing firm, the listing agent may share the commission with the seller's permission. 

AGENTS WORKING WITH BUYERS 

A buyer may contract with an agent or firm to represent him (as a buyer's agent), or may work with an agent or firm that represents 
the seller (as a seller's agent or subagent). All parties in the transaction should find out at the beginning who the agent working with 
the buyer represents. 

If a buyer wants a buyer's agent to represent him in purchasing a property, the buyer should enter into a "buyer agency agreement" 
with the agent. The buyer agency agreement should state how the buyer's agent will be paid. Unless some other arrangement is 
made which is satisfactory to the parties, the buyer's agent will be paid by the buyer. Many buyer agency agreements will also 
obligate the buyer to pay the buyer's agent no matter who finds the property that the buyer purchases. 

A buyer may decide to work with a firm that is acting as agent for the seller (a seller's agent or subagent). If a buyer does not enter 
into a buyer agency agreement with the firm that shows him properties, that firm and its agents will show the buyer properties as an 
agent or subagent working on the seller's behalf Such a firm represents the seller (not the buyer) and must disclose that fact to the 
buyer. 

A seller's agent or subagent must still treat the buyer fairly and honestly and disclose to the buyer all material facts which the agent 
knows or reasonably should know. The seller's agent typically will be paid by the seller. If the agent is acting as agent for the 
seller, the buyer should be careful not to give the agent any information that the buyer does not want the seller to know. 

DUAL AGENTS 

A real estate agent or firm may represent more than one party in the same transaction only with the knowledge and written consent 
of all parties for whom the agent acts. "Dual Agency" is most likely to occur when a buyer represented by a buyer's agent wants to 
purchase a property listed by that agent's firm. A dual agent must carefully explain to each party that the agent and the agent's firm 
are also acting for the other party. 

In some situations, the agents may practice a form of dual agency known as "designated agency:" an agent in a firm is designated 
to represent the interests of the seller, and another agent in the same firm is designated to represent the interests of the buyer. This 
form of dual agency allows the designated agent to more fully represent the interests of the party with whom the agent is working. 

In any dual agency situation, the agent must obtain a written agreement from the parties which fully describes the obligations of the 
agent and the agent's firm to each of them. 

Immediately after the "Description of Agent Duties and Relationships", every listing and buyer agency agreement shall contain the 
following provision, including a box which the agent shall check when the provision is applicable: "D This firm represents both 
sellers and buyers. This means that it is possible that a buyer we represent will want to purchase a property owned by a seller we 
represent. When that occurs, the agent and firm listed above will act as dual agents if all parties agree." 

(d) A broker or brokerage firm representing one party in a transaction shall not undertake to represent another party in the 
transaction without the express, written authority of each party. 

(e) In every real estate sales transaction, a broker or salesman working directly with a prospective buyer as a seller's agent or 
subagent shall disclose to the prospective buyer at the first substantial contact with the prospective buyer that the broker or salesman 
represents the interests of the seller. The broker or salesman shall make the disclosure on the "Disclosure to Buyer fi^om Seller's Agent 
or Subagent" form prescribed b\ the Commission. If the first substantial contact occurs by telephone or by means of other electronic 
communication where it is not practical to provide written disclosure, the broker or salesman shall immediately disclose by similar 
means whom he represents and shall immediately, but in no event later than three days from the date of first substantial contact, mail 
or otherwise transmit a cop\ of the form to the buyer. 

(f) In every real estate sales transaction, a broker or salesman representing a buyer shall, at the initial contact with the seller or 
seller's agent, disclose to the seller or seller's agent that the broker or salesman represents the buyer's interests. In addition, in every 



2167 NORTH CAROLINA REGISTER June L 1998 12:23 



APPROVED RULES 



real estate sales transaction other than auctions, the broker or salesman shall, no later than the time of delivery of an offer to the seller 
or seller's agent, provide the seller or seller's agent with a written confirmation disclosing that he represents the interests of the buyer. 
The written confirmation may be made in the buyer's offer to purchase. 

(g) The provisions of Paragraphs (c), (d) and (e) of this Rule shall not apply to real estate licensees representing sellers in auction 
sales transactions. 

(h) A broker or salesman representing a buyer in an auction sale transaction shall, no later than the time of execution of a written 
agreement memorializing the buyer's contract to purchase, provide the seller or seller's agent with a written confirmation disclosing 
that he represents the interests of the buyer. The written confirmation may be made in the written agreement. 

(i) A firm which represents both the buyer and the seller in the same real estate sales transaction is a dual agent and, through the 
brokers and salesmen associated with the firm, shall disclose its dual agency to the buyer and seller. 

(j) When a firm represents both the buyer and seller in the same real estate sales transaction, the firm may, with the prior written 
approval of its buyer and seller clients, designate one or more individual brokers or salesmen associated with the firm to represent 
only the interests of the seller and one or more other individual brokers and salesmen associated with the firm to represent only the 
interests of the buyer in the transaction. An individual broker or salesman shall not be so designated and shall not undertake to 
represent only the interests of one party if the broker or salesman has actually received confidential information concerning the other 
party in connection with the transaction. A broker-in-charge shall not act as a designated agent for a party in a real estate sales 
transaction when a salesman under his supervision will act as a designated agent for another party with a competing interest. 

(k) When a firm acting as a dual agent designates an individual broker or salesman to represent the seller, the broker or salesman 
so designated shall represent only the interest of the seller and shall not, without the seller's permission, disclose to the buyer or a 
broker or salesman designated to represent the buyer: 

( 1 ) that the seller may agree to a price, terms, or any conditions of sale other than those established by the seller; 

(2) the seller's motivation for engaging in the transaction unless disclosure is otherwise required by statute or rule; and 

(3) any information about the seller which the seller has identified as confidential unless disclosure of the information is 
otherwise required by statute or rule. 

(1) When a firm acting as a dual agent designates an individual broker or salesman to represent the buyer, the broker or the salesman 
so designated shall represent only the interest of the buyer and shall not, without the buyer's permission, disclose to the seller or a 
broker or salesman designated to represent the seller: 

( 1 ) that the buyer may agree to a price, terms, or any conditions of sale other than those offered by the buyer; 

(2) the buyer's motivation for engaging in the transaction unless disclosure is otherwise required by statute or rule; and 

(3) any information about the buyer which the buyer has identified as confidential unless disclosure of the information is 
otherwise required by statute or rule. 

(m) A broker or salesman designated to represent a buyer or seller in accordance with Paragraph (j) of this Rule shall disclose the 
identity of all of the brokers and salesmen so designated to both the buyer and the seller. The disclosure shall take place no later than 
the presentation of the first offer to purchase or sell. 

(n) When an individual broker or salesman represents both the buyer and seller in the same real estate sales transaction pursuant 
to a written agreement authorizing dual agency, the parties may provide in the written agreement that the broker or salesman shall not 
disclose the following information about one party to the other without permission from the party about whom the information 
pertains: 

( 1 ) that a party may agree to a price, terms or any conditions of sale other than those offered; 

(2) the motivation of a party for engaging in the transaction, unless disclosure is otherwise required by statute or rule; and 

(3) any information about a party which that party has identified as confidential, unless disclosure is otherwise required by 
statute or rule. 



History Note: Authority G.S. 41A-3(lb); 93A-3(c); 

Ejf. February 1. 1976: 

Readopted Ejf. September 30. 1977: 

Amended Eff. Ausust 1. 1998: July 1. 1997: August 1. 1996: July 1, 1995. 



.0107 HANDLING AND ACCOUNTING OF FUNDS 

(a) All monies received by a broker acting in his fiduciary 
capacity shall be deposited in a trust or escrow account not later 
than three banking days following receipt of such monies except 
that earnest money deposits paid by means other than currency 
which are received on offers to purchase real estate and tenant 
security deposits paid by means other than currency which are 
received in connection with real estate leases shall be deposited 
in a trust or escrow account not later than three banking days 
following acceptance of such offer to purchase or lease; the date 



of acceptance of such offer to purchase or lease shall be set forth 
in the purchase or lease agreement. All monies received by a 
salesman shall be delivered immediately to the broker by whom 
he is employed. 

(b) in the event monies received by a broker while acting in 
a fiduciary capacity are deposited in a trust or escrow account 
which bears interest, such broker shall first secure fi'om all 
parties having an interest in the monies written authorization for 
the deposit of such monies in an interest-bearing account. Such 
authorization shall specify how and to whom the interest will be 



12:23 



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2168 



APPROVED RULES 



disbursed, and, if contained in an offer, contract, lease, or other 
transaction instrument, such authorization shall be set forth in a 
clear and conspicuous manner which shall distinguish it from 
other provisions of the instrument. 

(c) Closing statements shall be furnished to the buyer and the 
seller in the transaction at the closing or not more than five days 
after closing. 

(d) Trust or escrow accounts shall be so designated by the 
bank or savings and loan association in which the account is 
located, and all deposit tickets and checks drawn on said account 
as well as the monthly bank statement for the account shall bear 
the words "Trust Account" or "Escrow Account." 

(e) A broker shall maintain and retain records sufficient to 
verify the accuracN and proper use of his trust or escrow 
accounts, including, but not limited to: 

( 1 ) bank statements; 

(2) canceled checks which shall be referenced to the 
corresponding transaction or owner ledger sheet: 

(3) deposit tickets and. if necessary, a supplemental 
worksheet for each deposit ticket identifying the 
proper!) and the parties to each transaction for which 
funds are deposited: 

(4) a separate ledger sheet for each sales transaction and 
for each owner of propert> managed b\ the broker 
identifying the property . the parties to the transaction, 
the amount, date, and purpose of the deposits and 
from whom received, the amount, date, check number, 
and purpose of disbursements and to whom paid, and 
the running balance of funds on deposit for the 
particular transaction or owner of property: 

(5) a journal or check stubs identif>ing each transaction 
and showing a running balance for all funds in the 
account: 

(6) copies of contracts, leases and management 
agreements; 

(7) closing statements and property management 
statements; and 

(8) an) other documents necessar\' and sufficient to verify 
and explain record entries. 

A broker shall maintain records of all receipts and disbursements 
of trust or escrow monies in such a manner as to create a clear 
audit trail from deposit tickets and canceled checks to check 
stubs or journals and to the ledger sheets. A broker must recon- 
cile ledger sheets and his journals or check stubs to the trust or 
escrow account bank statements on a monthly basis. A broker 
shall create a worksheet for each such monthK reconciliation 
and retain it as part of his records. 

(f) All trust or escrow account records shall be made available 
for inspection by the Commission or its authorized 
representatives in accordance with Rule 58A .0108. 

(g) In the event of a dispute between the seller and buyer or 
landlord and tenant over the return or forfeiture of an\ deposit 
other than a residential tenant securir\ deposit held b\ a broker, 
the broker shall retain said deposit in his trust or escrow account 
until he has obtained a written release from the parties 
consenting to its disposition or until disbursement is ordered b\ 
a court of competent jurisdiction. If it appears to a broker 
holding a disputed deposit that a party has abandoned his claim. 



the broker ma\ disburse the money to the other claiming parties 
according to their written agreement provided that the broker 
first makes a reasonable effort to notify the party who has 
apparently abandoned his claim and provides that party with an 
opportunit) to renew his claim to the disputed funds. 

(h) A broker may transfer earnest money deposits in his 
possession collected in connection with a sales transaction to the 
closing attorney or other settlement agent not more than ten days 
prior to the anticipated settlement date. A broker or salesman 
shall not disburse prior to settlem.ent any earnest money in his 
possession for any other purpose without the written consent of 
the parties. 

(i) The funds of a property owner association, when collected, 
maintained or disbursed by a licensee of the Commission, are 
trust monies and shall be treated as such in the manner required 
by this Rule. 

(]) Even.' broker or salesman shall safeguard the money or 
property of others coming into his possession in a manner 
consistent with the requirements of the Real Estate License Law 
and the rules adopted by the Commission. A licensee shall not 
convert the mone\' or property of others to his own use. apply 
such money or property to a purpose other than that for which it 
was paid or entrusted to him. or permit or assist an\- other person 
in the conversion or misapplication of such money or property. 

History Note: Authority G.S. 93A-3(c); 

Eff February 1. 19' 6: 

Readopted Eff. September 30, 19'7: 

Amended Eff. August L 1998: July 1. 1996: July 1. 1993; Mm- 

1. 1990. 

.0109 BROKERAGE FEES AND COMPENSATION 

(a) A licensee shall not receive, either directly or indirectly, 
an\ commission, rebate or other valuable consideration from a 
vendor or a supplier of goods and services for an expenditure 
made on behalf of his principal in a real estate transaction 
without the written consent of the licensee's principal. 

(b) A licensee shall not receive, either directly or indirectly, 
any commission, rebate or other valuable consideration for 
services which he recommends, procures, or arranges relating to 
a real estate transaction for any party . without full disclosure to 
such part) ; provided, however, that nothing in this Rule shall be 
construed to permit a licensee to accept an) fee. kickback or 
other valuable consideration that is prohibited by the Real Estate 
Settlement Procedures Act of 1974 (12 USC 2601 et. seq.) or 
an) rules and regulations promulgated b> the United States 
Department of Housing and Urban Development pursuant to 
such Act. 

(c) The Commission shall not act as a board of arbitration and 
shall not compel parties to settle disputes concerning such 
matters as the rate of commissions, the division of commissions. 
pa> of salesmen, and similar matters. 

(d) A licensee shall not undertake in an\ manner. an\ 
arrangement, contract, plan or other course of conduct, to 
compensate or share compensation with unlicensed persons or i 
entities for an\' acts performed in North Carolina for which ^ 
licensure b\ the Commission is required. 



2169 



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12:23 



APPROVED RULES 



History Note: Authority G.S. 93A-3(c); 

Eff. February 1. 1976: 

Readopted Eff. September 30. 1977; 



Amended Eff. August 1^ 
November 1. 1987. 



1998: April 1, 1997; July 1, 1989; 



.0114 RESIDENTIAL PROPERTY DISCLOSURE STATEMENT 

(a) Every owner of real property subject to a transfer of the type contemplated by G.S. 47E-1, 47E-2, and 47E-3, shall complete 
the following residential property disclosure statement and furnish a copy of the complete statement to a purchaser in accordance with 
the requirements of G.S. 47E-4. The form shall bear the seal of the North Carolina Real Estate Commission and shall read as follows: 

[N.C. REAL ESTATE COMMISSION SEAL] 

STATE OF NORTH CAROLINA 
RESIDENTIAL PROPERTY DISCLOSURE STATEMENT 

Instructions to Property Owners 

1 . North Carolina General Statute 47E requires owners of residential real estate (single- family homes and buildings with 
up to four dwelling units) to furnish purchasers a property disclosure statement. This form is the only one approved for 
this purpose. A disclosure statement must be furnished in connection with the sale, exchange, option and sale under 
a lease with option to purchase (unless the tenant is already occupying or intends to occupy the dwelling). A disclosure 
statement is not required for some transactions, including the first sale of a dwelling which has never been inhabited 
and transactions of residential property made pursuant to a lease with option to purchase where the lessee occupies or 
intends to occupy the dwelling. For a complete list of exemptions, see N.C. G.S. 47E-2. 

2. You must check D one of the boxes for each of the 20 questions on the reverse side of this form. 

a. If you check "Yes" for any question, you must describe the problem or attach a report from an engineer, 
contractor, pest control operator or other expert or public agency describing it. If you attach a report, you will 
not be liable for any inaccurate or incomplete information contained in it so long as you were not grossly 
negligent in obtaining or transmitting the information. 

b. If you check "No", you are stating that you have no actual knowledge of any problem. If you check "No" and 
you know there is a problem, you may be liable for making an intentional misstatement. 

c. If you check "No Representation", you have no duty to disclose the conditions or characteristics of the property, 
even if you should have known of them. 

* If you check "Yes" or "No" and something happens to the property to make your Statement incorrect or 
inaccurate (for example, the roof begins to leak), you must promptly give the purchaser a corrected Statement 
or correct the problem. 

3. If you are assisted in the sale of your property by a licensed real estate broker or salesman, you are still responsible for 
completing and delivering the Statement to the purchasers; and the broker or salesman must disclose any material facts 
about your property which they know or reasonably should know, regardless of your responses on the Statement. 

4. You must give the completed Statement to the purchaser no later than the time the purchaser makes an offer to purchase 
your property. If you do not, the purchaser can, under certain conditions, cancel any resulting contract (See "Note to 
Purchasers" below). You should give the purchaser a copy of the Statement containing your signature and keep a copy 
signed by the purchaser for your records. 



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June I, 1998 



2170 



APPROVED RULES 



Note to Purchasers 

If the owner does not give you a Residential Property Disclosure Statement by the time you make your offer 
to purchase the property, you may under certain conditions cancel any resulting contract and be entitled to 
a refund of any deposit monies you may have paid. To cancel the contract, you must personally deliver or 
mail written notice of your decision to cancel to the owner or the owner's agent within three calendar days 
following your receipt of the Statement, or three calendar days following the date of the contract, whichever 
occurs first. However, in no event does the Disclosure Act permit you to cancel a contract after settlement 
of the transaction or (in the case of a sale or exchange) after you have occupied the property, whichever 
occurs first. 



5. In the space below, type or print in ink the address of the property (sufficient to identify it) and your name. Then sign 
and date. 



Property Address: 

Owner's Name(s): 

0\i'ner(s) acknowledge having examined this Statement before signing and that all information is true 
and correct as of the date signed. 

Owner Signature: Date , 

Owner Signature: Date , 

Piirchaser(s) acknowledge receipt of a copy of this disclosure statement: that they have examined it before 
signing: that they understand that this is not a warranty by owner or owner 's agent: that it is 
not a substitute far any inspections they may wish to obtain: and that the representations are made by 
the owner and not the owner 's agent(s) or subagentfs). Purchaser(s) are encouraged to obtain their 
own inspection from a licensed home inspector or other professional. 



Purchaser Signature:_ 
Purchaser Signature:^ 



Date 
Date 



i 



Property Address/Description: 



[Note: In this form, "property" refers only to dwelling unit(s) and not sheds, detached garages or other buildings.] 

Regarding the property' identified above, do you know of any problem (malfunction or defect) with any 
of the following: 

No Repre- 
Yes* No sentation 

1. FOUNDATION. SLAB. FIREPLACES/CHIMNEYS. FLOORS, WfNDOWS (FNCLUDING STORM 
WINDOWS AND SCriHENS), DOORS. CEILINGS, FNTERIOR AND EXTERIOR WALLS, 
ATTACHED GARAGE. PATIO, DECK OR OTHER STRUCTURAL COMPONENTS including any 
modifications to them? D D D 

a. Siding is D Masonry D Wood D Composition/Hardboard D Vinyl D Synthetic Stucco D Other 
D 

b. Approximate age of structure? D 

2. ROOF (leakage or other problem)? D D D 

a. Approximate age of roof covering? D 

3. WATER SEEPAGE, LEAKAGE, DAMPNESS OR STANDING WATER in the basement, crawl D 



2171 



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June 1, 1998 



12:23 



APPROVED RULES 

space or slab? D 

4. ELECTRICAL SYSTEM (outlets, wiring, panel, switches, fixtures etc.)? □ 

5. PLUMBING SYSTEM (pipes, fixtures, water heater, etc.)? □ 

6. HEATING AND/OR AIR CONDITIONING? D 

a. Heat Source is: D Furnace D Heat Pump D Baseboard D Other 

b. Cooling Source is: D Central Forced Air D Wall/Window Unit(s) 

D Other 

c. Fuel Source is: D Electricity D Natural Gas D Propane D Oil D Other 

7. WATER SUPPLY (including water quality, quantity and water pressure)? D 

a. Water supply is: D City/County D Community System D Private Well 

D Other 

b. Water pipes are: D Copper D Galvanized D Plastic D Other 

D Unknown 

8. SEWER AND/OR SEPTIC SYSTEM? D 

a. Sewage disposal system is: D Septic Tank D Septic Tank with Pump 
n Community System D Connected to City/County System 
D City/County System available □ Other 

9. BUILT-IN APPLIANCES (RANGE/OVEN, ATTACHED MICROWAVE, HOOD/FAN, 
DISHWASHER, DISPOSAL, etc.)? D 

10. OTHER SYSTEMS AND FIXTURES: CENTRAL VACUUM, POOL, HOT TUB, SPA, ATTIC 
FAN, EXHAUST FAN, CEILING FAN, SUMP PUMP. IRRIGATION SYSTEM, TV CABLE 
WIRING OR SATELLITE DISH, OR OTHER SYSTEMS? D 

1 1 . DRAINAGE, GRADING OR SOIL STABILITY OF LOT? D 

12. PRESENT INFESTATION, OR DAMAGE FROM PAST INFESTATION OF WOOD 
DESTROYING INSECTS OR ORGANISMS which has not been repaired? D 

Also regarding the property identified above, do you know of any: 

13. ROOM ADDITIONS OR OTHER STRUCTURAL CHANGES ? D 

14. ENVIRONMENTAL HAZARDS (substances, materials or products) including asbestos, 
formaldehyde, radon gas, methane gas, lead-based paint, underground storage tank, or other hazardous 
or toxic material (whether buried or covered), contaminated soil or water, or other environmental 
contamination)? D 

15. COMMERCIAL OR INDUSTRIAL NUISANCES (noise, odor, smoke, etc.) affecting the property? 

D 

1 6. VIOLATIONS OF BUILDfNG CODES, ZONFNG ORDINANCES, RESTRICTIVE COVENANTS 
OR OTHER LAND-USE RESTRICTIONS? D 

17. UTILITY OR OTHER EASEMENTS. SHARED DRIVEWAYS, PARTY WALLS OR 
ENCROACHMENTS FROM OR ON ADJACENT PROPERTY? D 





n 


D 


n 


D 


D 


D 


n 




n 




n 




D 


D 


D 



n 



n 

D 

n 

D 



n 



n 



n 



n D 



n D 



D n 



D n 



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NORTH CAROLINA REGISTER 



June 1, 1998 



2172 



w^i^mmi^sm 



WMiJiMMMmt 



APPROVED RULES 



LAWSUITS. FORECLOSURES. BANKRUPTCY. TENANCIES. JUDGMENTS. TAX LIENS, 
PROPOSED ASSESSMENTS. MECHANICS" LIENS. MATERIALMENS" LIENS. OR NOTICE 
FROM ANY GOVERNMENTAL AGENCY that could affect title to the propem? 



1 9. OWNERS" ASSOCIATION OR "COMMON AREA" EXPENSES OR ASSESSMENTS'/ 



D 



20. FLOOD HAZARD or that the propert> is in a FEDERALLY-DESIGNATED FLOOD PLAIN? 



n n 
n 

D 



If you answered "Yes" to any of the above questions, please explain (Attach additional sheets, if necessarj): 



(b) The form described in Paragraph (a) of this Rule may be reproduced, but the form shall not be altered or amended in an> wa}'. 

History Note: Authority G.S. 4'E-4(b): 93A-3(cl: 93A-6; 
Efi: October 1. 1998. 



SECTION .0500 - LICENSING 

.0502 BUSINESS ENTITIES 

(a) Even business entit> other than a sole proprietorship shall 
apply for and obtain from the Commission a firm license prior 
to engaging in business as a real estate broker. An entit> which 
changes its business form shall be required to submit a new 
application immediately upon making the change and to obtain 
a new license. Incomplete applications shall not be acted upon 
b> the Commission. Application forms for partnerships. 
corporations, limited liabilit>' companies, associations and other 
business entities required to be licensed as brokers shall be 
a\ailable upon request to the Commission and shall set forth the 
name of the entit>. the name under which the entity will do 
business, the address of its principal office, and a list of all 
brokers and salesmen associated with the entity . 

(b) The application of an) partnership, including a general 
partnership, limited partnership and limited liabilit> partnership, 
shall also call for such information as a cop\ of its written 
partnership agreement or if no written agreement exists, a 
written description of the rights and duties of the several 
partners: a copN of an\ Certificate of Limited Partnership as maN 
be required b> law; past conviction of criminal offenses of any 
general or limited partner; past revocation, suspension, or denial 
of a business or professional license of an> general or limited 
partner; and the name and residence address of each general and 
limited partner. 

(c) The application of a limited liabilit>- compan>' shall also 
call for such information as a copy of its Articles of 
Organization evidencing its authority to engage in the business 
of real estate brokerage: past con\iction of criminal offenses of 
an\ manager or member: past re\ ocation. suspension, or denial 
of a business or professional license of an\ manager or member: 
and the name and residence address of each manager or member. 

(d) The application of a corporation shall also call for such 
information as a cops of its Articles of Incorporation e\idencing 



its authority to engage in the business of real estate brokerage: 
and shall call for such information as past conviction of criminal 
offenses of anN corporate director, officer, employee or 
shareholder who owns ten percent or more of the outstanding 
shares of an\ class; past revocation, suspension, or denial of a 
business or professional license to an\ director, officer. 
emplo\ee or shareholder who owns ten percent or more of the 
outstanding shares of any class: the name and residence address 
of each director and officer of the corporation: and the name and 
address of each person, partnership, corporation, or other entit> 
owning ten percent or more of the outstanding shares of any 
class. 

(e) The application of an)- other business entit>' shall also call 
for such information as a cop>' of its organizational documents 
e\'idencing its authoritv' to engage in real estate brokerage; past 
conviction of criminal offenses of an\ principal in the company; 
past revocation, suspension or denial of a business or 
professional license of an> principal: and the name and residence 
address of each principal. For purposes of this Paragraph, the 
term "principar" shall mean any person or entity who owns the 
business entir\- to an>- extent, or who is an officer, director, 
manager, member, partner or who holds an\ other comparable 
position. 

(f) A foreign business entit> shall further qualify" b\' filing 
with its application for license a cop\ of an) certificate of 
authorit> to transact business in this state issued b\ the North 
Carolina Secretar> of State which maN' be required b) law and a 
consent to service of process and pleadings which shall be 
accompanied b\ a duK certified cop\ of the resolution of the 
general partners, managers or board of directors authorizing the 
proper partner, manager or officer to execute said consent. 

(g) After filing a written application with the Commission and 
upon a showing that at least one principal of said business entit> 
holds a broker license on active status and in good standing and 
will serve as principal broker of the entity, the entit> shall be 
licensed pro\ided it appears that the applicant entit>- emplo\s 



2173 



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June 1, 1998 



12:23 



APPROVED RULES 



and is directed by personnel possessed of the requisite 
truthfulness, honesty, and integrity. The principal broker of a 
partnership of any kind must be a general partner of the 
partnership, the principal broker of a limited liability company 
must be a manager of the company, and the principal broker of 
a corporation must be an officer of the corporation. A licensed 
business entity may serve as the principal broker of another 
licensed business entity if the principal broker-entity has as its 
principal broker a natural person who is himself licensed as a 
broker. The natural person who is principal broker shall assure 
the performance of the principal broker's duties with regard to 
both entities. 

(h) The licensing of a business entity shall not be construed 
to extend to the licensing of its partners, managers, members, 
directors, officers, employees or other persons acting for the 
entity in their individual capacities regardless of whether they 
are engaged in furthering the business of the licensed entity. 

(i) The principal broker of a business entity shall assume 
responsibility for: 



(1) 



(2) 
(3) 



designating and assuring that there is at all times a 
broker-in-charge for each office and branch office of 
the entity at which real estate brokerage activities are 
conducted; 

renewing the real estate broker license of the entity; 
retaining the firm's renewal pocket card at the firm 
and producing it as proof of firm licensure upon 
request and maintaining a photocopy of the firm 



license certificate and pocket card at each branch 
office thereof: 

(4) notifying the Commission of any change of business 
address or trade name of the entity and the registration 
of any assumed business name adopted by the entity 
for its use; and 

(5) notifying the Commission in writing of any change of 
his status as principal broker within ten days 
following the change. 

(j) Every licensed business entity and every entity applying 
for licensure shall conform to all the requirements imposed upon 
it by the North Carolina General Statutes for its continued 
existence and authority to do business in North Carolina. 
Failure to conform to such requirements shall be grounds for 
disciplinary action or denial of the entity's application for 
licensure. Upon receipt of notice from an entity or agency of 
this state that a licensed entity has ceased to exist or that its 
authority to engage in business in this state has been terminated 
by operation of law, the Commission shall cancel the license of 
the entity. 

History Note: Authority G.S. 93A-3(c): 93A-4(a), (b), (d); 

Eff. February 1. 1976: 

Readopted Eff. September 30. 1977: 

Amended Eff. Ausust L J 998: January 1, 1997: July 1. 1994; 

Mav 1. 1990. 



12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2174 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Lcpa' Judge decisions along with an index 
to all recent contested cases decisions which are filed under \orth Carolina's Administrative Procedure Act. Copies of the 
decisions listed in the index and not published are entailable upon rL! nest for a minimal charge by contacting the Office of 
Administrative Hearings. (919) ^33-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, 111 

Senior .Administrative Law Judge 

FREDG. MORRISON JR. 

ADMIMSTRA JIVE LA W JUDGES 



Brenda B. Becton 

Sammie Chess Jr. 
Beecher R. Grav 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Dolores O. Smith 



AGENCY 

ADMIMSTR^TION 

E Edward Gambill \ Department of .Administration 

Triangle CAD Solutions. Inc v. Div Purchase and Contract. EHNR 

Henr. Brson Brewer v NC Commission of Indian .affairs 

OFFICE OF ADMIMSTR,ATr\'E HEARINGS 

Sir Gregory Leo Kells. Ruby Louise Kellv v Sheila Director Ocean House 
and Mental Health Southeastern Regional Wilmington. NC 

Sir Oregon. Leo KelK. Rub\ Louise KelK \ Client Complaint Secretary 
(An Constantini) Mental Health Director 



CASE 




DATE OF 


PI BLISHED DECISION 


MMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 DOA 0364 


Reillv 


09/10/97 




97 DOA 0670 


Reillv 


12/19/97 




97 DOA 0959 


Gra> 


12/17/97 




97O.AH0714 


Chess 


03/24/98 




97OAH071.S 


Chess 


03/24/98 





ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Michael's Mini Man v .Alcoholic Beverage Control Commission 
Everette Craig Hombuckle v .Alcoholic Beverage Control Commission 
Saleh .-^hmed .Ali Euthah v .Alcoholic Beverage Control Commission 
CarolvTi T Ra> v .Alcoholic Beverage Control Commission 
.Alcoholic Beverage Control Commission v East Fare. Inc 
.•\lcoholic Beverage Control Commission v Mendoza Enterprises. Inc 
Paul T\ler IV Enterprises. Inc . .-Mpha Vinson T/A Mirrors (Sid's 

Showgirlsl V .Alcoholic Beverage Control Commission 
and 

Cit\ of Goldsboro 
and 

Guman KJiera 
George Roben Scott v .Alcoholic Beverage Control Commission 
Nasar Sader \ .Alcoholic Beverage Control Commission 
•Alcoholic Beverage Control Commission v Paradise Landing. Inc. 
OFFISS. Inc V .Alcoholic Beverage Control Commission 
.Alcoholic Beverage Control Commission V Fast Fare. Inc No 576 
.Alcoholic Beverage Control Commission v .Altaf Hussain 
.Alcoholic Beverage Control Commission v Roben Johnson 
.Alcoholic Beverage Control Commission v Crown Central Petroleum Corp 
.Alcoholic Beverage Control Commission v Masonboro County Store. Inc 
Daniel Garv Ledbener v .Alcoholic Beverage Control Commission 
.Alcoholic Beverage Control Comm v Raymond Lee 
.Alcoholic Beverage Control Comm v Percy Daniel Bowen 
.Alcoholic Beverage Control Commission v Bridgene Dee Williams 
Alcoholic Beverage Control Commission v Westside Tavern. Inc. 



92 ABC 1601 


Grav 


08/18/97 


93 ABC 0987 


Grav 


08/18/97 


94 ABC 0264 


Grav 


08/18/97 


95 ABC 0429 


Grav 


09/23/97 


96 ABC 0483 


Morrison 


06/18/97 


96 ABC 1 1 96 


Grav 


08/26/97 


96 ABC 1804 


Morrison 


09/29/97 



96 .ABC 1995 


Reillv 


12/05/97 


97 ABC 0030 


Phipps 


10/08/97 


97 ABC 003 1 


Grav 


06/13/97 


97 ABC 01 18 


Grav 


09/17/97 


97 ABC 0197 


Monison 


01/15/98 


97 .ABC 03 12 


Mann 


07/29/97 


97 ABC 0321 


Grav 


08/25/97 


97 ABC 0325 


Grav 


04/15/98 


97 ABC 0432 


Reillv 


09/09/97 


97 ABC 0443 


Grav 


07/08/97 


97 ABC 0488 


Smith 


10/30/97 


97 ABC 0495 


Morrison 


09/24/97 


97 ABC 0576 


Phipps 


09/04/97 


97 ABC 0586 


Phipps 


09/1 7/97 



2175 



NORTH CAROLINA REGISTER 



June L 1998 



12:23 



CONTESTED CASE DECISIONS 



AGENCY 

Alcoholic Beverage Control Commission v Grove Park Inn Resort, Inc. 
Bradford Allan Capps & Garland Lewis Williams v. Ale Bev Ctl Comm 
Alcoholic Beverage Control Commission v Soo Jung Pak 
Sunset Enterprises. Inc v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v 6 Twelve Corporation 
Alcoholic Beverage Control Commission v Kimberly Loette Hankins 
Alcoholic Bev Ctl Comm. v. Monterrey Mex Rest, of Greensboro, Inc. 
Alcoholic Beverage Control Comm v. Fiesta Mexicana, Inc. 
Alcoholic Beverage Control Commission v James Martini 
Alcoholic Beverage Control Comm v Cynthia Lea Wagner 
Alcoholic Beverage Control Comm v B B & S , Inc 
Alcoholic Beverage Control Comm v. All Mohmood Ahmed 
Momhammed H Darwish & Hazeem M Eldara v Alcoholic Bev Ctl Comm 
Alcoholic Beverage Control Comm. v. Mr. James A Fields, Jr 
Alcoholic Beverage Control Comm v Circle K Stores, Inc. 

COMMUNITY COLLEGES 

James Elliot Price v Dept of Community Colleges, St Bd of Comm Col 

CORRECTION 

David M Boone v Correction. Div of Pnson Admin Remedy Procedure 

CRIME CONTROL AND PUBLIC SAFETY 

Delia Sherrod v Crime Victims Compensation Commission 

Stanley D Carter. Sr v. Victims Compensation Commission 

Mary A. Kearney v CPS, Victims Compensation Commission 

Mae Allen Murray v Crime Victims Compensation Commission 

Beverly McLaughlin v Crime Victims Compensation Commission 

Malcolm W Fields v Crime Victims Compensation Commission 

Rodney P Hodge v Cnme Victims Compensation Commission 

Billy Steen v Crime Victims Compensation Commission 

Clifford R Pulley v Crime Victims Compensation Commission 

Curtis Jenmaine Newkirk v Crime Victims Compensation Commission 

Huston Christopher Mason v Victims Compensation Commission 

Percival R Johnson. AKA Reeves Johnson v Crime Victims Comp Comm 

Gregory Bynum v Crime Victims Compensation Commission 

Michaela Dionne Brewmgton v Crime Victims Compensation Commission 

Lisa S Snead v Crime Victims Compensation Commission 

Robert L. Welty, II v Crime Victims Compensation Commission 

Robert T Blakeney v. Office of Administrative Hearings 

Connie Cowan v Crime Victims Compensation Commission 

Abram J Smith v Crime Victims Compensation Commission 

Linda Atkinson v Crime Victims Compensation Commission 

Barry Lee Whitley v Crime Victims Compensation Commission 

Judy N Scurry for Wendy C Scurry V Crime Victims Comp Comm 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Leon McNair v NC Industrial Commission 

ENVIRONMENT AND NATURAL RESOIRCES 

Herbert C Avery v Environment, Health, and Natural Resources 
Linda Collie v Lenoir County Health Department 
Leroy Anderson v County of Moore Department of Health 
E H Gamer v New Hanover Health Department 
Peter D McDowell, Sr v New Hanover Health Department 
Dowell Gray v Department of Environment and Natural Resources 
and 
Onslow County Department of Health 
Jimmie A Bryant v Environment, Health & Natural Resources 
Riggings Homeowners Assoc, Inc. v Environment, Health, & Natural Res 
John Ronald Taylor v Environment, Health. & Natural Resources 
Independence Mall Associates v Environment and Natural Resources 
Rick Parker v Pitt County Health DeptYMr Ernie Nichols 
James R Melvin v Environment and Natural Resources 
Roger L Moore v Environment and Natural Resources 
Lee A Riggs v Craven County Health Department 
Tommy Anthony Swangin v Dept of Environment & Natural Resources 
Robert E Cahoon v Carteret County Health Department 
Jim R Lanier v Environment, Health, and Natural Resources 
John Martin v Environment. Health, and Natural Resources 
John Martin v Environment, Health, and Natural Resources 
Jack R Whitmore v Dept of Environment & Natural Resources 
Rachel S Tugwell v Environment, Health and Natural Resources 
Joanne B Huff v Dept. of Environment and Natural Resources 
NC Waste Awareness & Reduction Network, Inc v EHNR 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


97 ABC 0706 


Morrison 


09/15/97 


12:07 NCR 609 


97 ABC 0820 


Reilly 


02/05/98 




97 ABC 0834 


Reilly 


03/04/98 




97 ABC 0846 


Gray 


12/10/97 




97 ABC 0895 


Reilly 


12/16/97 




97 ABC 0897 


Gray 


10/06/97 




97 ABC 0965 


Morrison 


01/15/98 




97 ABC 0983 


Mann 


02/17/98 




97 ABC 1036 


Gray 


12/31/97 




97 ABC 1115 


Morrison 


02/19/98 




97 ABC 1250 


Gray 


02/24/98 




97 ABC 1289 


Morrison 


02/26/98 




97 ABC 1429 


Smith 


12/31/97 




97 ABC 1437 


Phipps 


04/24/98 




97 ABC 1538 


Smith 


03/13/98 




98DCC0136 


Gray 


03/11/98 




97 DOC 0534 


Mortison 


06/16/97 




96 CPS 0300 


Chess 


07/1 8/97 




96 CPS 1887 


Chess 


01/26/98 




96 CPS 2033 


Becton 


09/26/97 




96 CPS 21 10 


Chess 


10/31/97 




97 CPS 01 70 


Phipps 


08/29/97 




97 CPS 0360 


Chess 


09/12/97 




97 CPS 0449 


Reilly 


07/01/97 




97 CPS 0472 


Morrison 


07/23/97 




97 CPS 0523 


Gray 


08/06/97 




97 CPS 0645 


Mortison 


10/03/97 




97 CPS 0691 


Becton 


12/04/97 




97 CPS 0779 


Gray 


02/06/98 




97 CPS 0901 


Reilly 


10/16/97 




97 CPS 0992 


Mann 


12/23/97 




97 CPS 1025 


Reilly 


11/10/97 




97 CPS 1073 


Gray 


01/20/98 




97 CPS 1187 


Becton 


11/07/97 




97 CPS 1214 


Becton 


12/03/97 




97 CPS 1383 


Morrison 


04/14/98 




97 CPS 1389 


Becton 


12/31/97 




97 CPS 1691 


Mann 


04/09/98 




98 CPS 0210 


Becton 


04/20/98 




97 COM 1 549 


Gray 


01/09/98 




96EHR0I61 


Chess 


09/23/97 




96 EHR 0264 


Becton 


07/16/97 




96EHRI969 


Morrison 


07/15/97 


12:03 NCR 223 


96 EHR 1 972 


Gray 


08/07/97 




96 EHR 2075 


Gray 


08/07/97 




97 EHR 0195*" 


Gray 


12/01/97 


12 13 NCR 1222 


97 EHR 02 II 


Chess 


04/16/98 




97 EHR 0263 


Reilly 


08/13/97 




97 EHR 0275 


Reilly 


06/09/97 




97 EHR 0328 


Chess 


03/06/98 




97 EHR 0470 


Phipps 


07/01/97 




97 EHR 0682 


Phipps 


09/23/97 




97 EHR 0821 


Smith 


03/11/98 




97 EHR 0851 


Becton 


10/02/97 




97 EHR 0875 


Smith 


12/15/97 




97 EHR 0878 


Becton 


09/30/97 




97 EHR 0880 


Phipps 


03/13/98 




97 EHR 0993»=' 


Phipps 


10/13/97 




97 EHR 0994*-' 


Phipps 


10/13/97 




97 EHR 1039 


Mann 


12/17/97 




97 EHR 1086 


Becton 


12/03/97 




97 EHR II 49 


Reilly 


12/30/97 




97 EHR 1189 


Becton 


02/16/98 





12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2176 



wsmamaammmummamfsmm 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



and 



Carolina Solite Corporation and Oldover Corporation 
Alphasine ChePil Barfield \ EHNR. Div Environmental Health 
Mae B Blankenburg v Dare Counr. Health Dept (Issued by - Crawford) 
Gilbert T Davis. Jr \ Forsvth County Environmental Affairs Dept 
Selb\ Franklin Broun \ Wasne Counts En\ ironmental Health 
Station Break. Mane R Graham \ Martin TvTell Washington. District 

Health Department 

Coastal Management 

Glenn Sasser \ Division ofCoastal Management 

Environmental Management 

Craig King Farms v EHNR_ Environmental Management Commission 

Henrv G Dail. Dail Brothers v EFTNR, Environmental Management 

Land Resources 

James H Lowdermilk & J Wayne Lowdermilk v EFTNR, Land Res 
Charles G Smith v EHNR. Di\ ision of Land Resources 
Henn Yancey Ingram. II &. Hope Fanning Ingram \ EFINR. Land Res 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D Hughes. Joseph 

& Lome Voliva \ EHNR. Division of Land Resources 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D Hughes. Joseph 

& Lome Voliva \ EITNR. Di\ ision of Land Resources 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D Hughes. Joseph 

&. Lome Voliva \ EHNR. Division of Land Resources 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D Hughes. Joseph 

& Lome Voliva \ EFTNR. Division of Land Resources 



97EHR12:i 


Momson 


01/28/98 


97EHR 1267 


Momson 


04/17/98 


97EHR 1281 


Smith 


II/I0/97 


97EHR 1534 


Smith 


01/21/98 


97EHR 1639 


Phipps 


03/09/98 



97 EHR 0763 


Gray 


12/31/97 


96 EHR 0609 


Grav 


01/14/98 


96 EHR 2104 


Gray 


08/27/97 


96 EHR 0745 


Grav 


10/30/97 


96 EHR 0855 


Grav 


10/30/97 


96 EHR 0908 


Grav 


10/30/97 


97 EHR 1002*--" 


Mann 


02/05/98 


97 EHR 1003*" 


.Mann 


02/05/98 


97 EHR 1043*-" 


Mann 


02/05/98 


97 EHR 1057'- 


Marm 


02/05/98 



PUBLISHED DECISION 
REGISTER CITATION 



Marine Fisheries 

William B Tate v Division of .Marine Fisheries 

John A Trahan V EHNR, Division of Marine Fisheries 

Hassell B Laurence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Laurence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark .Allen Gillikin. Millie Laurence. June Martin 
Hassell B Laurence. Sr . Gordon Laurence. Bobby G Gillikin. Norman 

\\ Gillikin. Oliver C Laurence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark .Allen Gillikm. Millie Laurence. June Martin 
Hassell B Laurence. Sr . Gordon Laurence. Bobby G Gillikm. Norman 

W Gillikm. Oliver C Laurence. Hiram Gillikin, Louis Gray Thomas. 

Jr . Faye Thomas. Mark .Allen Gillikm. Millie Laurence. June Martin 
Hassell B Laurence. Sr . Gordon Laurence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Laurence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark .Allen Gillikm. Millie Laurence. June Martin 
Hassell B Laurence. Sr . Gordon Laurence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Laurence. Hiram Gillikm, Louis Gray Thomas. 

Jr . Fa>e Thomas. Mark .Allen Gillikin. .Millie Lawrence. June Martin 
Hassell B Laurence. Sr . Gordon Laurence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Laurence. Hiram Gillikin. Louis Gray TJiomas. 

Jr . Faye Thomas. Mark Allen Gillikin. Millie Laurence. June Martin 
Hassell B Laurence. Sr . Gordon Laurence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Laurence. Hiram Gillikm. Louis Gray Thomas. 

Jr . Faye Thomas. .Vlark .Allen Gillikm. Millie Laurence. June Martin 
Hassell B Laurence. Sr . Gordon Laurence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Laurence. Hiram Gilhkm. Louis Grav Thomas. 

Jr . Faye Thomas. Mark .^llen Gillikm. Millie Laurence. June Martin 
Hassell B Laurence. Sr . Gordon Laurence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Laurence. Hiram Gillikm. Louis Gray Thomas. 

Jr . Faye Thomas. Mark .Mien Gillikm. Millie Laurence. June Martin 
James Fletcher v EFINR. Division of Manne Fisheries 
Hassell B Lawrence. Sr . Gordon Laurence, Bobby G Gillikin. Norman 

W Gillikin. Oliver C Laurence. Hiram Gillikm. Louis Grav Thomas. 

Jr . Fave Thomas. Mark .Allen Gillikm. Millie Laurence. June Martin 
Hassell B Laurence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikm. Oliver C Lawrence. Hiram Gillikin. Louis Grav Thomas. 

Jr . Fave Thomas. Mark .Mien Gillikin. Millie Lawrence. June Martin 



96 EHR 1922 Becton 

97 EHR 0400 Chess 
97 EHR 091 7«-- Momson 



97 EHR 0927*- Momson 



97 EHR 0928*- Momson 



97 EHR 0929*' Momson 



97 ETTR 0935*- Momson 



97 EHR 0936*' Momson 



97 EHR 0961*' Momson 



97 EHR 0962*- Momson 



97 EHR 0979*- Momson 



97 EHR 0985 Chess 
97EHR1038*-- Momson 



97 EHR 1052*- Momson 



12/16/97 
10/30/97 
12./30/97 



12,'30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12,'30/97 



12/30/97 



12/30/97 



01, '28/98 
12/30/97 



12/30/97 



Maternal and Child Health 

Evans Mini Mart \ EHNR. .Maternal & Child Health. Nutntion Svcs Sec 

Solid Waste Management 

Loie J Pnddy V Division of Solid Waste Management. EFTNR 
Deuev \' Hudson v EHNR. Division of Waste Manaaement 



97 EHR 0599 Phipps 



96 EHR 1838 Momson 
98 EHR 0083 Smith 



07/14/97 



06/20/97 
02/05/98 



12:02 NCR 103 



Hater Quality 



2177 



NORTH CAROLINA REGISTER 



June I, 1998 



12:23 



CONTESTED CASE DECISIONS 



AGENCY 

Castle Hayne Steering Committee v EHNR. Division of Water Quality 
and 
New Hanover Countv' Water and Sewer District 
RAYCO Utilities, Inc . Bnarwood WWTP v EHNR, Div of Water Quality 
RAYCO Utilities. Inc., Greystone Forrest WWTP v EHNR. Water Qualit>' 
RAYCO Utilities. Inc.. Melbille Heights MHP 
and 
RAYCO Utilities, Inc . Penman Heights MHP v EHNR, Water Quality 
RAYCO Utilities, Inc . Melbille Heights MHP 
and 
RAYCO Utilities, Inc , Penman Heights MHP v EHNR, Water Quality 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96EHR1731 


Mann 


06/30/97 




97EHR0018 


Chess 


09/12/97 




97EHR0412 


Smith 


10/29/97 




97 EHR 0643*-- 


Smith 


10/29/97 




97 EHR 0644*-- 


Smith 


10/29/97 





HUMAN RESOl'RCES 

Sampson Health Care Facilities Inc v Dept of Health & Human Services 

John & Veronica Spearman v Department of Human Resources 

New Beginnings Chnstian Academy v Department of Human Resources 

Cindy G Geho v Office of Administrative Hearings. R Marcus Lodge 

Helen Wvman \ Department of Human Resources 

DeRothea G. Williams d/b/a Dee Williams & Company, a proprietorship v 

Buncombe Count> Partnership for Children. Inc . a NC Nonprofit Corp . 

NC Department of Human Resources [Division of Child Development]. 

NC Department of Environment, Health, and Natural Resources [Division 

of Maternal and Child Health] 
Lorraine M Monroe v Department of Human Resources 
Ruby Woodward v Department of Human Resources 
Linda Rouse Sharp v Department of Human Resources 
William & Deborah Gilbert v. Department of Human Resources 
Fannie Odessa Dixon v Department of Human Resources 
Ocelee Gibson v Department of Human Resources 
Larr\ Patton v Department of Human Resources 
Rita Faircloth v Department of Human Resources 
Valene Bullock v Department of Human Resources 
Valerie Bullock v Department of Human Resources 
HILCO V ForSNih Count\ Environmental Affairs Department 
Fannie Odessa Dixon v Department of Human Resources 
Althea L Boone v Department of Human Resources 

Division ofChil ' Development 

Geneva B Home \ DHR, Division of Child Development 

Raleigh Child Care, Inc v DHR. Div /Child Dev . Child Day Care Comm 

New Hanover Cty. Comm Action v DHR. Division of Child Development 

Cindy G Geho v Human Resources. Division of Child Development 

Mar\ Ann Edge v DHR. Division of Child Development 

Kathleen G McBride v Division of Child Development 

Division of Facility Services 

Coreen Cames v DHR. Facility Svcs. Health Care Personnel Reg Sec 
Ava McKinney v DHR, Division of Facility Services 
Mercy Egbuleonu v DHR. Facility Svcs, Health Care Personnel Reg Sec 
Mane Emma Wimbush v DHR. Division of Facilit> Ser\ ices 
Mercy Egbuleonu v Human Resources. Division of Facilitv Services 
Kizzie Cooper % DHR, Facility Svcs, Health Care Personnel Registry Sec 
Maggie J Bamhill v DHR, Facility Svcs. Health Care Pers Reg Sec 
Emma Faison v DHR, Division of Facility Services 
Eugene Donald Caldwell v DHR, Division of Facility Services 
Patncia Addison v DHR, Facility Svcs. Health Care Personnel Reg, Sec 
Selena Louise Holley v DHR. Facilitv Svcs. Health Care Persl Reg Sec 
Shirley Ebron v DHR. Facility Svcs. Health Care Pers Reg Sec. 
Carolyn Forbes v DHR. Division of Facility Ser\ices 
Sally Hutchins v DHR, Division of Facihtv Services 
Claudia K Thomerson v DHR. Facilit> Svcs. Health Care Pers Reg Sec 
Janice Ann McClinton v DHR, Facility Svcs. Health Care Pers Reg. Sec 
Michelle R Griffin v Dim, Facility Svcs, Health Care Pers Reg. Sec 
Deborah L McBumie v DHR, Facility Svcs, Health Care Pers Reg, Sec 
Kelly M Poole v DHR, Facilm Svcs. Health Care Pers Reg Sec 
Debbie Williams v DHR, Fac Svcs . Health Care Pers Reg Sec 
Therese Victoria Wilson v DHR, Fac Svcs. Health Care Pers Reg, Sec 
Notisha Utley v DHR, Fac Svcs. Health Care Pers Reg, Sec 
Helen T Shokoti v Human Resources. Division of Facility Services 
Jen L Anderson V Human Resources. Division of Facility Services 
Susie A Milsapv DHR, Facilitv Svcs, Health Care Pers Reg Sec 
Glenda Christine Taylor v DHR, Facilitv Svcs. Health Care Pers Reg Sec 
Maple Heights Rest Home. Inc v DHR. Division of Facilitv Services 
Lisa Bullard v DHR. Facility Sscs. Health Care Pers Reg Sec 
Angela D Johnson v DHR, Facility Svcs, Health Care Pers Reg Sec 



96 DHJl 0535 


Reilly 


11/06/97 


96 DHR 1543 


Chess 


09/12/97 


96 DHR 1925 


Reilly 


08/22/97 


97 DHR 0286 


Chess 


07/23/97 


97 DHR 0407 


Reillv 


08/08/97 


97 DHR 0424 


Momson 


09/22/97 



97 DHR 0540 


Gray 


10/30/97 




97 DHR 0552 


Chess 


02/02/98 


12,17 NCR 1682 


97 DHR 0610 


Mann 


08/28/97 




97 DHR 0616 


Chess 


01/29/98 




97 DHR 0652**' 


Reilly 


04/13/98 




97 DHR 0658 


Reilly 


07/22/97 




97 DHR 0829 


Phipps 


10/17/97 




97 DHR 0900 


Reilly 


08/15/97 




97 DHR 1255 


Mann 


02/04/98 




97 DHR 1345 


Mann 


02/18/98 




97 DHR 1454 


Gray 


12/19/97 




97 DHR 1455**' 


Reilly 


04/13/98 




97 DHR 1673 


Smith 


05/01/98 




97 DHR 0746 


Chess 


01/26/98 




97 DHR 0854 


Reilly 


02/12/98 




97 DHR 0921 


Phipps 


09/10/97 




97 DHR 0966 


Phipps 


08/29/97 




97 DHR 1067 


Phipps 


02/23/98 




97 DHR 1604 


Becton 


02/12/98 




96 DHR 20 11 


Becton 


04/30/98 




96 DHR 2061 


Chess 


07/08/97 




97 DHR 01 72 


Becton 


07/16/97 




97 DHR 0296 


Momson 


02/20/98 




97 DHR 0450 


Gray 


09/02/97 




97 DHR 0459 


Phipps 


06/09/97 




97 DHR 0465 


Gray 


07/30/97 




97 DHR 0471 


Gray 


07/15/97 




97 DHR 0480 


Gray 


10/10/97 




97 DHR 0521 


Mann 


07/25/97 




97 DHR 0524 


Phipps 


08/28/97 




97 DHR 0528 


Gray 


10/02/97 




97 DHR 0532*"' 


Phipps 


12/18/97 




97 DHR 0547*" 


Phipps 


12/18/97 




97 DHR 0551 


Chess 


07/15/97 




97 DHR 0558 


Creech 


10/17/97 




97 DHR 0559 


Gray 


07/30/97 




97 DHR 0608 


Chess 


09/02/97 




97 DHR 0629 


Chess 


09/02/97 




97 DHR 0630 


Gray 


10/01/97 




97 DHR 0632 


Phipps 


08/25/97 




97 DHR 0646 


Phipps 


09/26/97 




97 DHR 0653 


Chess 


08/20/97 




97 DHR 0659 


Gray 


08/19/97 




97 DHR 0667 


Phipps 


08/25/97 




97 DHR 0681 


Gra\ 


08/29/97 




97 DHR 071 7 


Reilly 


10/16/97 




97 DHR 0721 


Chess 


10/09/97 




97 DHR 0723 


Chess 


08/06/97 





12:23 



NORTH CAROLINA REGISTER 



June I, 1998 



2178 



CONTESTED CASE DECISIONS 



AGENO 

Man. Ann Allen \ DHR. Division ot"Facilit\ Senices 

Cressie D Mears \ DHR. DiMsion of Facilm SerMces 

Marie Emma Wimhush \ DHR. Facilin Svcs. Health Care Pers Reg Sec 

Mana Faye Baker v DHR. Division of Facilitv Services 

Himmeler Desvaneux v DHR. Fac Svcs. Health Care Pers Reg Sec 

Tamara Green \ DHR. Fac Sxcs. Health Care Pers Reg Sec 

Lachelle Tonsa Brasuell v DHR. Division of Facilit\ Services 

Tom Washington \ DHR. Division of Facihtv Services 

Lynn E Thorpe \ DHR. Division of Facility Services 

Sally Hutchins V DHR. Division of Facility Services 

Carolyn Forbes v DHR. Division of Facilm Services 

Debra Burleson v DHR. Division of Facility Senices 

Jean Rossman v DHR. Facility Svcs, Health Care Pers Reg Sec. 

Michelle McMahan \ DHR, Division of Facility Services 

Brenda Fave Hams \ DHR, Facilirv Svcs. Health Care Pers Reg Sec 

Michelle McMahan v DHR. Di\ ision of Facility Services 

Lorena Barbour \ DHR. Facilm Svcs. Health Care Pers Reg Sec. 

.■\ngela .Mae Whited \ DHR. Division of Facility Services 

Francis B Morgan v Dept of Health & Human Svcs . Div of Facility Svcs 

Vitina Cockrane V DHR. Facilm Svcs. Health Care Pers Reg Sec 

Marv Susan McLean v DHR. Fac Svcs. Health Care Pers Reg Sec 

Brenda Harper V DHR. Division of Facility Services 

Dons J Daniels \ DHR. Fac S\ cs. Health Care Pers Reg Sec 

Robin Leigh Robinson v DFIR. Facility Svcs. Health Care Pers Reg Sec 

Genoal Blalock \ DHR. Division of Facility Services 

Charlone Williams \ DHR. Facility Svcs. Health Care Pers Reg Sec 

Stephanie L McKjiight v DHR. Division of Facility Services 

.■Manna Devon Stinson v Dept/Health & Human Svcs. Div/Facility Svcs 

Francis B Morgan v Dept of Health & Human Svcs . Div of Facility Svcs 

.•\ngela Lynn Barbour v DFIR. Facility Svcs. Health Care Pers Reg Sec 

Pearlie W Lavvson \ Dept Health & Human Svcs . Di\ Facility Svcs 

Janet M Jenkins v Deptj'Health & Human Svcs . Div /Facility Svcs. 

Lachelle T Brasvvell \ DHR. Facility Svcs. Health Care Pers Reg Sec 

Ceruficaie of Seed Section 
Carolina Imaging. IncTavetteville v DHR. Facility Svcs. Cert/Need Sec 
and 
Cumberland Cty Hospital System, Inc , dba Cape Fear \'allev Med Ctr 
Catawba Memorial Hospital v DHR. Facility Svcs. Certificate, "Need Sec 
Bio-Medical .Applications ofNC. Inc . d-Wa BMA of Concord d'bi/a 
Metrolina Kidney Center of Concord (Lessee) and Concord Nephrology 
Associates (Lessor) \ DHR. Division of Facility Services. Cenificate of 
Need Section 

and 
Dialysis Care of NC. LLC d/b/a Dialysis Care of Rovvan County 
Lvnnhav en VT. LLC. djVa Glen .\lphine Health and Rehabilitation Center 
V DHR, Facilm Svcs . Certificate of Need Section 

and 
Burke Health Investors. LLC d/li/a Burke Health Care Center, and 
Carolina Health Care Center of Burke. L L C 
Burke Health Investors. L L C d;Li/a Burke Health Care Center v DHR. 
Facility Svcs . Certificate of Need Section 

and 
Lynnhaven VT. L L C , dti a Glen .Alphine Health and Rehabilitation 
Center, and Carolina Health Care Center of Burke, LLC 
Healthpnme. Inc v DHR. Div of Facility Svcs , 
Cenificate of Need Section 
Liberty Healthcare Serv ices. LLC 
Johnston Health Care Center. LLC 
Johnston Health Care Center. LL C v DHR, Div. of Facility Svcs., 
Certificate of Need Section 
Liberty Healthcare Services, L L C 
Healthpnme, Inc 

Group Licensure Section 
Jeffreys Familv Care ±2 \ DFTR, Facility Svcs Group Licensure Section 

Division of Medical Assistance 

Dilladvs Renee Stover v DHR. Division of Medical .Assistance 
Betty e Parson Tambra Parson v DHR, Div of Medical .Assistance 
Roben D & Ronda M Staton \ DHR. Di\ of Medical .Assistance 



CASE 




NUMBER 


AU 


97 DHR 0739 


Chess 


97 DHR 0793 


Chess 


97 DHR 0797 


Phipps 


97 DHR 0805 


Phipps 


97 DHR 0818 


Gra\ 


97 DHR 08:4 


Becton 


97 DHR 0826 


Morrison 


97 DHR 0847 


Phipps 


97 DHR 0865 


Chess 


97DHR0871'' 


Phipps 


97 DHR 0899* ■ 


Phipps 


97 DHR 0904 


Phipps 


97 DHR 0908 


Smith 


97DHR0915'-' 


Mann 


97 DHR 0938 


Morrison 


97 DHR 0960'=» 


Mann 


97 DHR 0999 


Phipps 


97 DHR 1029 


Becton 


97DHR1059»'' 


Chess 


97 DHR 1066 


Chess 


97 DHR 1091 


Morrison 


97 DHR 11 18 


Grav 


97 DHR 1126 


Grav 


97 DHR 1169 


Phipps 


97 DHR 1193 


Grav 


97 DHR 1274 


Mann 


97 DHR 1309 


Becton 


97 DHR 1402 


Chess 


97 DHR 1456'' 


Chess 


97 DHR 1458 


Phipps 


98 DHR 0048 


Grav 


98 DHR 0218 


Grav 


98 DHR 0402 


Smith 


96 DHR 1570 


Phipps 


97 DHR 0626 


Phipps 


97 DHR 0790 


Morrison 



97DHR0925*-- Smith 



97 DHR 0933* ■ Smith 



97 DHR I079»^= Reillv 



97DHR1081-- Reilly 



97 DHR 0259 Mann 



97 DHR 0560 Mann 
97 DHR 0656 Becton 
97 DHR 0660 Smith 



DATE OF 
DECISION 

01/13/98 
08/21/97 
08/25/97 
01/23/98 
10/24/97 
09/29/97 
12/17/97 
12/10/97 
01/13/98 
12/18/97 
12/18/97 
12/11/97 
09/02/97 
11/13/97 
10/03/97 
11/13/97 
09/11/97 
12/10/97 
04/07/98 
10/15/97 
10/21/97 
02/02/98 
10/27/97 
10/31/97 
02/12/98 
02/05/98 
01/23/98 
04/16/98 
04/07/98 
01/07/98 
03/10/98 
04/14/98 
04/27/98 



06/24/97 



02/19/98 
03/27/98 



02/13/98 



02/13/98 



04/14/98 



04/14/98 



06/17/97 



09/16/97 
08/12/97 
09/05/97 



PI BLISHED DECISION 
REGISTER CITATION 



12:02 NCR 95 



Division of Social Senices 

Child Support Enforcement Section 



2179 



NORTH CAROLINA REGISTER 



June 1, 1998 



12:23 



CONTESTED CASE DECISIONS 



AGENCY 

Dale P Spnnkle v Guilford Child Support Agency. Humaoi Resources 

Steven Van Linker v. Department of Human Resources 

Michael R Bryant v Department of Human Resources 

David Lee Chamblee Jr v Department of Human Resources 

John W Scott V Department of Human Resources 

Charles F Haag Jr v Department of Human Resources 

Michael T Swann v Department of Human Resources 

WavTie Degree v Department of Human Resources 

Ted Wayne Lamb v Department of Human Resources 

Wilford J. Lackey v Department of Human Resources 

Jeffrey Grainger v Department of Human Resources 

Tollie Woods v Department of Human Resources 

Fred Edward Stafford v Department of Human Resources 

Joseph R Grooms J r v Department of Human Resources 

David N, Jarrett v Department of Human Resources 

Warren S Olson v Department of Human Resources 

Stanley A Watson v Department of Human Resources 

Michael A Isom v Department of Human Resources 

Rafael L Garcia v Department of Human Resources 

Justin M Woazeah. Sr v Department of Human Resources 

Johnny R Holden v Department of Human Resources 

Calvin F Mizelle v Department of Human Resources 

Tommy Lee Clark v Department of Human Resources 

Ander L Garfield v Department of Human Resources 

Clarence O Rains v Department of Human Resources 

Jeremy Baker v. Department of Human Resources 

William T Harris v Department of Human Resources 

Hal C Morgan, Jr V Departmentof Human Resources 

Paul S Cloninger v Department of Human Resources 

EEdward Stuteville v Department of Human Resources 

Tony Peterson. Jr v Department of Human Resources 

Lee G Sanders Jr v Department of Human Resources 

David Fraizer v Department of Human Resources 

David Fraizer V Department of Human Resources 

David Hobson v Department of Human Resources 

Paul Douglas Crone v Department of Human Resources 

Christopher A Abney v Department of Human Resources 

Jeffrey L Schrader v Department of Human Resources 

John T Spidell V Department of Human Resources 

Robert M Starling, Sr v Department of Human Resources 

Judson T Whitehurst v Department of Human Resources 

Man L Ross v Department of Human Resources 

Mary L Owen v Department of Human Resources 

Kenneth Weldon v Department of Human Resources 

Craig Venson v Department of Human Resources 

David Scott Jordan v Department of Human Resources 

Gary Lee Heafner Sr v Departmentof Human Resources 

Lee R Jones v Department of Human Resources 

RocKt R Chaudhry V Department of Human Resources 

James T Watson v Department of Human Resources 

Cecil Hall v. Department of Human Resources 

Lorenzo Shaw v Department of Human Resources 

Vincent Ritter v Department of Human Resources 

Harold Ray Armstrong Jr v Department of Human Resources 

Neil G McGilberrv v Department of Human Resources 

Ronald Gray v. Department of Human Resources 

Gregory S Wolbert v Department of Human Resources 

William E Daley Jr v Wake County Child Support Enforcement 

Dennis Larson v Department of Human Resources 

Eric L Harrington v Department of Human Resources 

Paul F Gangemi, Sr v Department of Human Resources 

Scott M Rodriguez v Department of Human Resources 

James Withers v Department of Human Resources 

Evalina R Oxendine v Department of Human Resources 

Phillip R Banner V Department of Human Resources 

Brian K Norfleet v Craven County Child Support Office 

Kenneth A Sayle v Department of Human Resources 

Richard H Reist v Department of Human Resources 

Lawrence Anhur Beebe v Department of Human Resources 

Patrick Orlando Crump v Department of Human Resources 

Ronald L Hadley v Department of Human Resources 



CASE 




DATE OF 


PIBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


96CRA 1171 


Gray 


08/13/97 




96 CRA 1250*- 


Becton 


07/11/97 




96CRA1252 


Phipps 


08/11/97 




96 CRA 1281 


Momson 


06/16/97 




96 CRA 1287 


Becton 


10/09/97 




96 CRA 1289 


Phipps 


02/26/98 




96 CRA 1326 


Chess 


06/04/97 




96 CRA 1357 


Phipps 


02/13/98 




96 CRA 1359 


Gray 


07/10/97 




96 CRA 1367*'" 


Chess 


02/17/98 




96 CRA 1376 


Reilly 


08/14/97 




96 CRA 1348*" 


Morrison 


08/04/97 




96 CRA 1407*" 


Reilly 


08/21/97 




96 CRA 1434 


Phipps 


11/18/97 




96 CRA 1438 


Morrison 


07/10/97 




96 CRA 1440 


Phipps 


09/09/97 




96 CRA 1448*'" 


Reilly 


08/21/97 




96 CRA 1450 


Becton 


07/11/97 




96 CRA 1451 


Becton 


09/11/97 




96 CRA 1452*'' 


Chess 


07/22/97 




96 CRA 1463 


Mann 


10/16/97 




96 CRA 1476 


Chess 


07/07/97 




96 CRA 1477 


Phipps 


08/13/97 




96 CRA 1479*' 


Morrison 


07/15/97 




96 CRA 1482 


Reilly 


08/21/97 




96 CRA 1491*-" 


Smith 


09/05/97 




96 CRA 1492 


Mann 


11/18/97 




96 CRA 1500 


Smith 


09/05/97 




96 CRA 1 502 


Becton 


09/11/97 




96 CRA 1507*" 


Mann 


08/13/97 




96 CRA 1513 


Grav 


10/02/97 




96 CRA 1515 


Reilly 


09/11/97 




96 CRA 1519*'" 


Chess 


07/18/97 




96 CRA 1520*'" 


Chess 


07/18/97 




96 CRA 1522*" 


Phipps 


07/24/97 




96 CRA 1550 


Momson 


02/09/98 




96 CRA 1551 


Reilly 


12/08/97 




96 CRA 1564 


Reilly 


02/04/98 




96 CRA 1567 


Smith 


09/05/97 




96 CRA 1598*" 


Chess 


11/03/97 




96 CRA 1635 


Phipps 


01/13/98 




96 CRA 1640 


Phipps 


02/13/98 




96 CRA 1641 


Chess 


04/24/98 




96 CRA 1642 


Phipps 


02/20/98 




96 CRA 1647 


Momson 


1 2/03/97 




96 CRA 1673 


Reilly 


07/18/97 




96 CRA 1683 


Gray 


04/08/98 




96 CRA 1720*-' 


Phipps 


07/10/97 




96 CRA 1724 


Momson 


12/17/97 




96 CRA 1740 


Becton 


04/20/98 




96CRA1749*- 


Mann 


07/10/97 




96 CRA 1754 


Gray 


02/06/98 




96 CRA 1756 


Becton 


04/17/98 




96 CRA 1762 


Gray 


02/10/98 




96 CRA 1767*" 


Becton 


07/15/97 




96 CRA 1778 


Chess 


02/03/98 




96 CRA 1782 


Mann 


11/18/97 




96 CRA 1789 


Reilly 


09/25/97 




96 CRA 1793 


Chess 


06/17/97 




96 CRA 1 794 


Mann 


07/19/97 




96 CRA 1 809 


Gray 


08/13/97 




96 CRA 1818"' 


Gray 


06/25/97 




96 CRA 1820 


Reilly 


07/24/97 




96 CRA 1825 


Gray 


09/10/97 




96 CRA 1826*-' 


Gray 


09/24/97 




96 CRA 1 846 


Phipps 


10/02/97 




96 CRA 1857 


Gray 


01/16/98 




96 CRA 1 859 


Reilly 


10/21/97 




96 CRA 1863 


Becton 


12/16/97 




96 CRA 1866*" 


Gray 


08/18/97 




96 CRA 1892 


Reilly 


07/18/97 





Consolidated Cases. 



12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2180 



SBHmnBMIH 



CONTESTED CASE DECISIONS 



AGENCY 

Garland M Jessup n Guilford Count> Child Support Enforcement 

Anthon\ LeMar III v Department of Human Resources 

Willie C McRaeJr \ Department of Human Resources 

Michael A Norman \ Department of Human Resources 

Logan Broun v Department of Human Resources 

Waller Hauk v Depanment of Human Resources 

Kevin L Combs v Department of Human Resources 

Carohn Floyd-Rohinson \ Department of Human Resources 

Sanford Tyler \ Department of Human Resources 

Jonah F Fuller v Department of Human Resources 

Eugene E Stone v Department of Human Resources 

Johnn\ Lewis Fields V Department of Human Resources 

Charles W Sweat! \ Department of Human Resources 

Milton E Southerland V Department of Human Resources 

Michael Elliot Wood v Department of Human Resources 

Roger G Fosters Depanment of Human Resources 

Charlie T Smiths Department of Human Resources 

Joseph Davis v Department of Human Resources 

Joseph Michael Eubanks \ Department of Human Resources 

Vonzell Barker v Department of Human Resources 

Charles F King v Depanment of Human Resources 

AC Nash V Depanment of Human Resources 

Curtis Bristol Self v Department of Human Resources 

Ronald Alton Neal v Depanment of Human Resources 

Dann\ Ra\ Carr v Depanment of Human Resources 

Ton\ Hollingswonh v Department of Human Resources 

Charles E Hunt v Department of Human Resources 

Gregory A Dodson v Department of Human Resources 

Fonda D McSwain \ Department of Human Resources 

Kenneth A Ingle v Department of Human Resources 

Nonman L Gateuood v Department of Human Resources 

Lane Bolton v Department of Human Resources 

Monty G Cox v Randolph Counts Child Support Enforcement Agency 

Stesen Van Linker v Depanment of Human Resources 

Barr. Tukes Sr v C S E 

Monty G Cox \ Randolph County Child Support Enforcement Agency 

Harriet Tolson v Department of Human Resources 

John W Scott V Department of Human Resources 

Edgar C Lewis. Jr v Department of Human Resources 

Willie L Berry \ Department of Human Resources 

Tony Orlando Steele v Department of Human Resources 

Carl Locklear v Department of Human Resources 

Tollie Woods v Depanment of Human Resources 

James Earl McLellan v Department of Human Resources 

Wilford J Lackeys Department of Human Resources 

Charles L Ras nor s Department of Human Resources 

Robert Walker s Intercept Tax Refunds 

Chris M Wilson V Department of Human Resources 

Fred Edssard StatTord s Department of Human Resources 

Richard K Blisard s Department of Human Resources 

Stanley A Watson s Department of Human Resources 

Justin M Woazeah. Sr v Department of Human Resources 

William A Underbills Department of Human Resources 

Almiron J Deis v Department of Human Resources 

Jeremy Bakers Department of Human Resources 

Alfred Clinton Springs s Department of Human Resources 

Ander L Garfield v Department of Human Resources 

Ulssses Hams v Nash Counts Child Support Office and Human Resources 

Diego Arboleda v Department of Human Resources 

Edsvard Stuteville v Department of Human Resources 

Gerald A Jones v Department of Human Resources 

Das id Hobson v Department of Human Resources 

Gregors D Simpsons Department of Human Resources 

Carl E CotTes s Department of Human Resources 

Donald Ras Archie s Department of Human Resources 

John T Spidell v Department of Human Resources 

John W Liserman v Department of Human Resources 

John H Hale, Jr v Department of Human Resources 

Vincent L Martin v Department of Human Resources 

Harlie Leonard Hardison s Department of Human Resources 

Alton Washington v DHR and Robeson County Child Support Enf Agcy 

Robert M Starling, Sr s Department of Human Resources 

David Fraizer s Department of Human Resources 

Golet Hollossas, Jr v Department of Human Resources 

JetTrey Pierce s Department of Human Resources 



CASE 
MMBER 



96CRA 
96CRA 
96CRA 
96CRA 
96CRA 
96CRA 
96CR,A 
96CRA 
96CRA 
96CRA 
96CRA 
96CRA 
96CRA 
97CRA 
97CRA 
97CRA 
97CRA 
97CR.'\ 
97CRA 
97CRA 
97CRA 
97CRA 
97CR.A 
97CRA 
97CRA 
97CRA 
97CRA 
97CRA 
97CRA 
97CRA 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 
96CSE 



1898 
1905 
1 906*-" 
1915 
I939*'" 
1943 
1948 
1984 
2027 
2069 
2070 
2085»-- 
2088 
00I4»"" 
0036 
0043 
0280 
0436»'* 
0477 
0620 
0720 
0788 
0974 
1020 
1160 
1363 
1418 
1471 
1509 
1714 
0484 
1220 
1235*'" 
1249'= 
1277 
1278*"' 
1280 
1286 
1299 
1319 
1337 
1338 
1340»' 
1358 
1366»'' 
1382 
1384 
1403 
1406"' 
1446 
1449"" 
1453*' 
1455 
1456 
1460*-' 
1473 
1480»' 
1488 
1495 
1508*" 
1512 
1521*" 
1527 
1528 
1558 
1566 
1568 
1573 
1574 
1578 
1597 
1605*" 
1610*'" 
1611 
1613 



ALJ 

Becton 

Smith 

Becton 

Gra\ 

Reil'ly 

Phipps 

Reills 

Smith 

Phipps 

Mann 

Morrison 

Smith 

Phipps 

Morrison 

Chess 

Phipps 

Reilly 

Phipps 

Reills 

Becton 

Reilly 

Gray 

Mann 

Becton 

Reills 

Gray 

Mann 

Smith 

Momson 

Chess 

Chess 

Reilly 

Becton 

Becton 

Mann 

Becton 

Reills 

Becton 

Mann 

Gray 

Mann 

Mann 

Momson 

Mann 

Chess 

Becton 

Momson 

Momson 

Reills 

Mann 

Reilly 

Chess 

Mann 

Gray 

Smith 

Reilly 

Momson 

Becton 

Smith 

Mann 

Becton 

Phipps 

Reillv 

Reilly 

Becton 

Smith 

Becton 

Mann 

Gray 

Becton 

Becton 

Chess 

Chess 

Becton 

Mann 



D.ATE OF 
DECISION 

07/11/97 
09/05/97 
04/29/98 
09/24/97 
02/20/98 
08/13/97 
12/08/97 
02/04/98 
02/26/98 
03/24/98 
02/04/98 
10/02/97 
02/04/98 
04/24/98 
02/06/98 
06/19/97 
06/16/97 
08/11/97 
07/18/97 
08/12/97 
07/30/97 
09/10/97 
11/19/97 
10/23/97 
12 08/97 
01/13/98 
02/23/98 
02/09/98 
02/09/98 
09/25/97 
09/23/97 
08/21/97 
08/12/97 
07/11/97 
07/01/97 
08/12/97 
08/21/97 
10/09/97 
08/20/97 
06/25/97 
06/30/97 
07/07/97 
08/04/97 
10/16/97 
02/17/98 
07/11/97 
07/24/97 
09/25/97 
08/21/97 
10/22/97 
08/21/97 
07/22/97 
07/18/97 
06/25/97 
09/05/97 
08/21/97 
07/15/97 
10/14/97 
03/16/98 
08/13/97 
09/11/97 
07/24/97 
06/25/97 
09/24/97 
07/11/97 
09/05/97 
07/11/97 
10/22/97 
08/04/97 
08/25/97 
10/13/97 
11/03/97 
07/18/97 
07/11/97 
06/30/97 



PI BLISHED DECISION 
REGISTER CITATION 



2181 



NORTH CAROLINA REGISTER 



June I, 1998 



12:23 



CONTESTED CASE DECISIONS 



AGENCY 

Patrick Orlando Crump v Department of Human Resources 

Crystal Lynn Manrmg-Robertson v Forsyth County CSE, DSS & DHR 

William C Rivera V Department of Human Resources 

Le\ I Brothers Jr v Depanment of Human Resources 

David L Smith v DHR, DSS, CSE and Sampson County CSE 

Lenora McCracken v Department of Human Resources 

Donald Lee Rodgers Sr v Rowan County CSE, DHR, DSS, CSE 

Derrick Sturdivant v Department of Human Resources 

Clyde Williams v DHR, DSS, CSE, and Pitt County CSE 

Lee R Jones v Department of Human Resources 

Jeffrey S Seals v Department of Human Resources 

Cecil Hall v Department of Human Resources 

Gregory Melton v Department of Human Resources 

Neil G. McGilberry v. Department of Human Resources 

Devin J Bello v Department of Human Resources 

Phillip R Banner V Department of Human Resources 

Scott M Rodriguez v Department of Human Resources 

James Withers v Department of Human Resources 

David M Greene v Buncombe County CSE and DHR, DSS, CSE 

Jarmarle Arnold v Department of Human Resources 

Sean Heitz v. Department of Human Resources 

Nathan S Lockhart Sr v Department of Human Resources 

Scott James Petrill v Department of Human Resources 

Daniel E Carpenter v Department of Human Resources 

Logan Brown v Department of Human Resources 

Daniel D, Morse v Department of Human Resources 

Daryl E Shankle v. Child Support Enforcement Agency 

Kevin R Thomas v Department of Human Resources 

Jeffrey William Strama v Department of Human Resources 

Joseph Fernandez v Department of Human Resources 

Larry A Langston v Department of Human Resources 

Johnny Lewis Fields v Department of Human Resources 

Alfred Covington v DHR, DSS, CSE and Burke County CSE 

Milton E. Southerland v Department of Human Resources 

Tommy L Hines Sr v Forsyth County Child Support Enforcement 

Kelvin Cheny v DHR. DSS, CSE. Durham Cty CSE and Wake Cty CSE 

Penny Parham v Department of Human Resources 

Penny Parham v Department of Human Resources 

Irvan Jemal Fontenot v Department of Human Resources 

Pearlie Blakney v Department of Human Resources 

Leroy Grooms v Department of Human Resources 

Sarah Chambers v Department of Human Resources 

Leroy Grooms v Department of Human Resources 

Pedro Baltazar Jocobo v Department of Human Resources 

Theodore McCleese \' Department of Human Resources 

Gertru Jefferson Ward v Department of Human Resources 

James Allen Hartis v Department of Human Resources 

John C Henderson v Department of Human Resources 

William A Rogers V Department of Human Resources 

Mark R Kearney \ Department of Human Resources 

Michael J Powell v Department of Human Resources 

Joseph Davis v Department of Human Resources 

James G Davis v Department of Human Resources 

Randy Gavumik v Department of Human Resources 

Curtis Leon Mock v Department of Human Resources 

Daniel E, Carpenter v Department of Human Resources 

Juan L Allen V Department of Human Resources 

Donald Mac Tipton v Department of Human Resources 

Guy R Auger v Brunswick County Child Support Enforcement 

Andrew J Hough v Department of Human Resources 

Michael V Dockery v Department of Human Resources 

William Irving Commodore v Department of Human Resources 

David F Norman V Department of Human Resources 

Richmond? Lambert III v Department of Human Resources 

Carvin Ray Bums v Department of Human Resources 

Mar F Jones v Department of Human Resources 

Sharron S Chappell v Department of Human Resources 

Denis J Quinn V Department of Human Resources 

Franklin DeAngelo Staten v Department of Human Resources 

Joseph L Hill V Department of Human Resources 

Roosevelt Alston \ Department of Human Resources 

Steve E Young v Department of Human Resources 

James Alan Letchworth v Department of Human Resources 

Nathaniel D Carter v Department of Human Resources 

Dennis W Clowers v Department of Human Resources 



CASE 
NUMBER 



96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 
96 CSE 

96 CSE 

97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 
97 CSE 



1614*'-' 

1619 

1622 

1630 

1639 

1644 

1667 

1672 

1688 

1719*-' 

1744 

1 750** 

1764 

1766*° 

1774 

1802*-' 

1817*' 

1821 

1844 

1853 

1909 

1910 

1914 

1917*'- 

1920*'" 

1942 

1977 

1988 

2043 

2066 

2083 

2084*-- 

2086 

0013*-" 

0015 

0027 

0048*-" 

0049*-" 

0223 

0254 

0258*" 

0278 

0297*" 

0339 

0353 

0381 

0401 

0408 

0410 

0417 

0418 

0435*" 

0448 

0454 

0490 

0501*'- 

0550 

0564 

0600 

0615 

0642 

0671 

0672 

0712 

0751 

0777 

0789 

0794 

0822 

0830 

0874 

0876 

0919 

0931 

0944 



ALJ 

Gray 

Becton 

Mann 

Chess 

Becton 

Mann 

Becton 

Chess 

Becton 

Phipps 

Gray 

Mann 

Morrison 

Becton 

Phipps 

Gray 

Gray 

Reilly 

Becton 

Becton 

Chess 

Phipps 

Morrison 

Phipps 

Reilly 

Chess 

Becton 

Phipps 

Becton 

Chess 

Reilly 

Smith 

Becton 

Mortison 

Reilly 

Becton 

Chess 

Chess 

Becton 

Phipps 

Becton 

Morrison 

Becton 

Mann 

Morrison 

Chess 

Mann 

Smith 

Gray 

Reilly 

Becton 

Phipps 

Gray 

Morrison 

Mann 

Phipps 

Smith 

Gray 

Mortison 

Reilly 

Mann 

Mann 

Gray 

Morrison 

Becton 

Phipps 

Mortison 

Reilly 

Mortison 

Smith 

Phipps 

Mann 

Reilly 

Smith 

Becton 



DATE OF 
DECISION 

08/18/97 
10/13/97 
06/18/97 
02/03/98 
10/13/97 
06/30/97 
10/13/97 
10/09/97 
10/13/97 
07/10/97 
02/10/98 
07/10/97 
09/1 7/97 
07/15/97 
07/16/97 
09/24/97 
06/25/97 
08/21/97 
10/06/97 
10/14/97 
07/22/97 
07/16/97 
07/30/97 
07/25/97 
02/20/98 
08/19/97 
07/11/97 
02/13/98 
07/11/97 
08/21/97 
03/23/98 
10/02/97 
10/06/97 
04/24/98 
07/18/97 
10/13/97 
04/23/98 
04/23/98 
07/11/97 
07/24/97 
07/18/97 
06/16/97 
07/1 8/97 
10/22/97 
08/05/97 
08/22/97 
10/16/97 
09/05/97 
06/25/97 
08/07/97 
08/12/97 
08/11/97 
07/28/97 
08/04/97 
06/1 7/97 
07/25/97 
09/05/97 
09/15/97 
07/18/97 
08/21/97 
10/03/97 
10/03/97 
07/28/97 
10/06/97 
09/11/97 
08/28/97 
12/04/97 
09/24/97 
11/06/97 
04/17/98 
01/14/98 
12/04/97 
1 2/08/97 
09/25/97 
09/11/97 



PIBLISHED DECISION 
REGISTER CITATION 



12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2182 



tm^^mmisma 



CONTESTED CASE DECISIONS 



AGENCY 

Tracy A Merrill v Department of Human Resources 
Randy Shaw \ Department of Human Resources 
Daniel J McDowell v Department of Human Resources 
Enrico Phineas Acher v Department of Human Resources 
Roger Waldren v Department of Human Resources 
Randy Allen Vore v Department of Human Resources 
Ramona G Garrett v Department of Human Resources 
Memtta A Grant v Department of Human Resources 
James D Cozad v Depanment of Human Resources 
Tonya M Kennedy v Department of Human Resources 
Alan M Greenberg v Department of Human Resources 
Judson T Whitehurst V Department of Human Resources 
Johnny Hoyle Marsh Jr v Department of Human Resources 
Walter McNeil v Department of Human Resources 
Montez Lower, v Department of Human Resources 
James H Riggs v Department of Human Resources 
Derek W Henslee v Department of Human Resources 
Burnett D Hunter Jr v Depanment of Human Resources 
Jacobs Haught \ Department of Human Resources 
Ke\in Scon Tate v Depanment of Human Resources 
Ronald D Toomer v Department of Human Resources 
Teresa D Ricketts v Department of Human Resources 
Johnnie L Johnson v Department of Human Resources 
Gerald Scott Saucier v Depanment of Human Resources 
Glenn O Greene v Department of Human Resources 
JaniaO Early v Depanment of Human Resources 
Willie Ray McClendon v Department of Human Resources 
Robert L Price. Jr v Department of Human Resources 
Michael Shine v Department of Human Resources 
Lonnie Woodley, Jr v Depanment of Human Resources 
George J KozykowskiJr \ Department of Human Resources 
Johnny Lee Bartlett Jr v Department of Human Resources 
Charlotte K Rodriguez v Department of Human Resources 
Charles Floyd Flowers v Depanment of Human Resources 
Michael A Wright v Department of Human Resources 
Rickey knotts \ Depanment of Human Resources 
Lisa S Pnvette\ Depanment of Human Resources 
Christopher McNeill \ Department of Human Resources 
Donald Monroe v Depanment of Human Resources 
Chuen Phoutman v Depanment of Human Resources 
Sinclair Bennett v Department of Human Resources 
Kenneth Wayne Howell v Department of Human Resources 
Gregory P Hublitz v Department of Human Resources 
William F Driscoll V Department of Human Resources 
David L Darnell V Department of Human Resources 
Leon McNair v Depanment of Human Resources 
Ronald Castillo v Depanment of Human Resources 
Herbeno Garcia v Department of Human Resources 
Bret D Burtrum \ Department of Human Resources 
Crosby Faulk v Department of Human Resources 
Todd Watkins v Department of Human Resources 
Edouard Wesly Piene \ Depanment of Human Resources 
Caria C Abee v Department of Human Resources 
James E Gallagher Jr v Department of Human Resources 
Wayne Deross \ Depanment of Human Resources 
Tony Lee Milton v Depanment of Human Resources 
Kenneth B Lintz v Depanment of Human Resources 
Curtis T Brown \ Department of Human Resources 
Elvin V Marley v. Department of Human Resources 
Kevin E Miller v Department of Human Resources 
JetTrey D Byrd v Depanment of Human Resources 
Davin D Pride v Depanment of Human Resources 
Aubrey L Clinch v Department of Human Resources 
Robert B Newkirk 111 v Department of Human Resources 
Charles Stewart v Department of Human Resources 
Kenneth B Smith v Depanment of Human Resources 
Anthony T McKnight v Depanment of Human Resources 
Eldon Charles Runge v Depanment of Human Resources 
Lany Eugene Harbaugh v Department of Human Resources 
David A Streater V Department of Human Resources 
Philip Scott Novak v Department of Human Resources 
Lee David Bonacum \ Department of Human Resources 
Davids McCullarv Depanment of Human Resources 
Dominique Evans \ Department of Human Resources 
Dennis McNeill v Department of Human Resources 



CASE 
NUMBER 



97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 
97CSE 



0947 
0981 
0984 
0990 
1042 
1071 
1108 
1119 
1296 
1305 
1311 
1312 
1314 
1324 
1352 
1353 
1354 
1355 
1356 
1358 
1359 
1360 
1361 
1364 
1375 
1376 
1377 
1379 
1394 
1396 
1397 
1398 
1412 
1422 
1423 
1432 
1433 
1434 
1449 
1451 
1465 
1466 
1468 
1469 
1470 
1472 
1475 
1477 
1478 
1484 
1485 
1487 
1488 
1494 
1500 
1501 
1502 
1504 
1 505 
1506 
1507 
1508 
1510 
1511 
1519 
1520 
1522 
1 525 
1540 
1541 
1542 
1543 
1546 
1551 
1552 



ALJ 

Phipps 

Gray 

Morrison 

Reilly 

Chess 

Mann 

Morrison 

Becton 

Reilly 

Smith 

Smith 

Becton 

Smith 

Becton 

Smith 

Becton 

Gray 

Morrison 

Reilly 

Mann 

Chess 

Smith 

SmitJi 

Becton 

Becton 

Momson 

Grav 

Reilly 

Smith 

Chess 

Phipps 

Mann 

Momson 

Phipps 

Morrison 

Momson 

Grav 

Reilly 

Gray 

Reilly 

Chess 

Phipps 

Gray 

Momson 

Reilly 

Becton 

Mann 

Momson 

Reilly 

Mann 

Gray 

Reilly 

Smith 

Phipps 

Gray 

Mortison 

Reilly 

Becton 

Chess 

Phipps 

Mann 

Gray 

Becton 

Smith 

Smith 

Becton 

Phipps 

Mortison 

Momson 

Reilly 

Smith 

Becton 

Mann 

Momson 

Reillv 



DATE OF 
DECISION 

11/18/97 
12/11/97 
09/10/97 
11/05/97 
10/13/97 
1 0/07/97 
12/04/97 
04/27/98 
02/20/98 
03/02/98 
12/08/97 
02/20/98 
02/09/98 
09/11/97 
02/19/98 
04/06/98 
03/02/98 
02/20/98 
02/23/98 
02/24/98 
03/13/98 
03/02/98 
03/02/98 
02/19/98 
02/10/98 
02/27/98 
03/02/98 
02/20/98 
03/31/98 
03/18/98 
01/13/98 
02/03/98 
03/18/98 
04/24/98 
04/03/98 
03/24/98 
02/23/98 
02/11/98 
02/02/98 
04/30/98 
04/23/98 
03/20/98 
02/10/98 
02/02/98 
03/12/98 
03/13/98 
03/13/98 
02/02/98 
03/12/98 
03/24/98 
03/12/98 
03/12/98 
04/03/98 
03/12/98 
02/02/98 
03/12/98 
03/12/98 
03/13/98 
03/13/98 
02/20/98 
03/13/98 
02/23/98 
04/24/98 
03/02/98 
04/03/98 
02/02/98 
03/12/98 
05/01/98 
02/19/98 
03/19/98 
03/19/98 
04/06/98 
01/12/98 
03/20/98 
02/02/98 



PUBLISHED DECISION 
REGISTER CITATION 



2183 



NORTH CAROLINA REGISTER 



June 1, 1998 



12:23 



CONTESTED CASE DECISIONS 



AGENCY 

Chad R Bowman v Department of Human Resources 

Roy Andrew Ullum \ Department of Human Resources 

Eric Bouler v Department of Human Resources 

Gary T Mason v Department of Human Resources 

William R Rooker. Jr v Department of Human Resources 

Christopher M Allen v Department of Human Resources 

Terrence B Comer v Department of Human Resources 

Willie Polk V Department of Human Resources 

Dommgo Caba v Department of Human Resources 

Leroy Crosby v Department of Human Resources 

David Hobson v Department of Human Resources 

Willie C McRae Jr v Department of Human Resources 

Jerry Whitley v, Mecklenburg County Child Support Enforcement 

Ernest Smith Sr v Department of Human Resources 

Douglas K Johnson V Department of Human Resources 

Gregory Alan Jett v Department of Human Resources 

William Jerrell Seawell v Department of Human Resources 

Bruce A Carter %■ Department of Human Resources 

Perry Eugene Love v Department of Human Resources 

Hogan Larry Spencer v Department of Human Resources 

Maxme B, Hopkins v Department of Human Resources 

Sandra F Williford v Department of Human Resources 

Linda Wade-Hargrove v Department of Human Resources 

Regina C Sullivan v Department of Human Resources 

Ten Lynne Lanier v Department of Human Resources 

Jetta Coleman % Department of Human Resources 

Katrina T. Johnson v. Department of Human Resources 

Clarisa Carter Watson v Department of Human Resources 

Paulette Duggins Rodgers v Department of Human Resources 

INSURANCE 

Joseph J Peacock v Department of Insurance 

JISTICE 

Barbara Carter Irons v DHR. Division of Facilil\ Services 

Paul Harvey Ta\ lor v Department of Justice. Company Police Program 

Christopher Michael Lynn v Company Police Program 

William G Fishery Consumer Protection. Department of Justice 

Imran Ramnarine v Department of Justice. Company Police Program 

Alarm Systems Licensing Board 

Kim Brian Phelps v Alarm Systems Licensing Board 
Daniel Joseph Dunne. Ill v Alarm Systems Licensing Board 
William C Parham, III v Alarm Systems Licensing Board 

Education and Training Standards Division 

Charles Thomas Ohnmacht. Jr v Criml Justice Ed /Training Stds Comm 

Jon Randolph O'Dell v Criml Justice Ed /Training Stds Comm 

James Haywood Mathews, Jr v Criml Justice Ed. /Training Stds Comm 

Teresa D Wright v Sheriffs' Ed & Training Stds Comm 

Christopher Lee v Criminal Justice Ed & Training Standards Comm 

Steven Wayne Olsen v Criminal Justice Ed & Training Standards Comm 

Edward Delano Hammock v Criminal Justice Ed & Training Sds Comm 

Garfield Duncan Whitaker v Criminal Justice Ed & Training Stds Comm 

Joseph Lonnie Wesson v Criminal Justice Ed & Training Standards Comm 

Frank Arlander Heame v Criml Justice Ed & Training Stds Comm 

Audrey McDonald Rodgers v Sheriffs' Ed & Training Stds Comm 

Gerald S Wingate \ Sheriffs' Ed & Training Stds Comm 

William Malcolm Mourino v Sheriffs' Ed & Training Stds Comm 

Joel Scott Byrd v Criml Justice Ed & Training Stds Comm 

Derrick W Bowens v Sheriffs' Education & Training Standards Comm 

Joseph Ray Davis v Sheriffs' Ed & Training Stds Comm 

Dana Chambers Queen V Sheriffs' Ed & Training Stds Comm. 

Joel Scott Byrd v Shenffs' Education & Training Stds Comm 

William Wayne McDowell v ShentTs' Education & Training Stds Comm 

Richard Allen Price. Jr v Criminal Justice Ed & Training Stds Comm 

Roy Randolph Carpenter. Jr v Crim Justice Ed & Training Stds Comm 

Karen Poole Daniels v Sheriffs' Ed & Training Stds Comm 

James I^rl Everett v Crim Justice Ed & Training Stds Comm 

Paul William Turner. Jr v Sheriffs' Ed & Training Stds Comm. 

Robert Hoyi Poner \ Sheriffs' Education & Training Stds Comm 

Anthony Jerome Jackson v ShentTs' Ed & Training Stds Comm 

Thomas Albert Stone v Crim Justice Ed & Training Stds Comm 

Rodolfo Maldonado v Sheriffs' Education & Training Stds Comm 

Richard Linwood Hopkins v Criminal Justice Ed & Training Stds Comm 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97CSE1553 


Smith 


03/06/98 




97CSE1576 


Morrison 


04/27/98 




97CSE 1582 


Reilly 


03/19/98 




97CSE1597 


Becton 


04/17/98 




97CSE1598 


Chess 


04/23/98 




97CSE1613 


Morrison 


03/31/98 




97CSE1614 


Morrison 


04/20/98 




97CSE 1631 


Reilly 


04/30/98 




97CSE1632 


Smith 


04/16/98 




97CSE 1679 


Phipps 


04/24/98 




97CSE1747*" 


Phipps 


07/24/97 




97CSE1907*-" 


Becton 


04/29/98 




97 CSE 2037 


Reilly 


08/21/97 




98CSE0016 


Morrison 


02/23/98 




98 CSE 0017 


Becton 


02/23/98 




98 CSE 00 18 


Smith 


02/19/98 




98 CSE 0058 


Mann 


02/24/98 




98 CSE 0059 


Gray 


02/24/98 




98 CSE 0132 


Smith 


03/12/98 




98 CSE 0143 


Morrison 


03/12/98 




98 CSE 0272 


Phipps 


04/17/98 




98 CSE 0338 


Gray 


04/30/98 




97 DCS 0365 


Becton 


07/11/97 




97 DCS 0482 


Becton 


07/1 8/97 




97 DCS 0738 


Smith 


09/05/97 




97 DCS 0773 


Chess 


04/23/98 




97 DCS 0856 


Becton 


09/24/97 




97 DCS 0909 


Gray 


10/02/97 




97 DCS 1238 


Smith 


12/08/97 




96 INS 0433 


Becton 


07/25/97 


12 04 NCR 327 


97 DOJ 0669 


Phipps 


08/27/97 


12:06 NCR 501 


97DOJ0916 


Reilly 


10/03/97 




97 DOJ 1120 


Chess 


10/22/97 




97 DOJ 1300 


Mann 


01/15/98 




97 DOJ 2071 


Becton 


06/11/97 




96 DOJ 1 785 


Gray 


08/08/97 




97 DOJ 0868 


Phipps 


09/12/97 




98 DOJ 0202 


Gray 


03/25/98 




96 DOJ 0353 


Phipps 


06/13/97 




96 DOJ 1466 


Phipps 


09/16/97 




96 DOJ 1957 


Reilly 


07/31/97 




97 DOJ 0035 


Morrison 


01/08/98 




97 DOJ 0076 


Morrison 


06/19/97 




97 DOJ 0077 


Phipps 


08/21/97 




97 DOJ 0078 


Gray 


12/19/97 




97 DOJ 0121 


Phipps 


11/04/97 




97 DOJ 0136 


Reilly 


08/26/97 




97 DOJ 0137 


Reilly 


06/10/97 




97 DOJ 0308 


Reilly 


07/31/97 




97 DOJ 0428 


Gray 


10/09/97 




97 DOJ 0430 


Phipps 


09/16/97 




97 DOJ 0557«" 


Chess 


03/06/98 




97 DOJ 0661 


Smith 


08/29/97 




97 DOJ 0747 


Gray 


10/02/97 




97 DOJ 0748 


Phipps 


03/05/98 




97 DOJ 0767»'* 


Chess 


03/06/98 




97 DOJ 081 7 


Morrison 


08/22/97 




97 DOJ 0976 


Phipps 


03/12/98 




97 DOJ 0977 


Becton 


12/31/97 




97 DOJ 1 1 28 


Morrison 


02/02/98 




97 DOJ 1218 


Gray 


01/26/98 




97 DOJ 1235 


Reilly 


04/15/98 




97 DOJ 1318 


Morrison 


04/09/98 




97 DOJ 1426 


Phipps 


01/09/98 




97 DOJ 1 547 


Becton 


04/20/98 




98 DOJ 0023 


Morrison 


04/20/98 




98 DOJ 0418 


Morrison 


04/23/98 





12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2184 



Hg—WBW— WWa LtlUJJllUJW 



CONTESTED CASE DECISIONS 



AGENCY 

Private Proleaive Senices Board 
Private Protective Senices Board v Phillip L Hanson 
Ronald Anthonv Bobeck v Private Protective Ser\ ices Board 
Joseph D White v Private Protective Services Board 
Arnolds Fr>e \ Private Protectee Sen ices Board 
Harrv A House v Private Protective Sen ices Board 
Earl Thomas Wilson v Private Protective Services Board 
Christopher G Hofmann \ Pri\ ate Protective Senices Board 
Patti Jones v Pri\ate Protective Sen ices Board 
John Stokes. Jr \ Private Protective Sen ices Board 
Ronnie Young v Private Protective Sen ices Board 
Steven M Rilev \ Private Protective Senices Board 

PI BLIC INSTRl CTION 

Nicholas Eirscheie. b\ his parents. Charles & Kathv Eirschele v Craven 

Countv Board of Education 
Ja\ and Elisabeth Miller v Henderson Countv Public Schools 
Karen L Holgersen v Department of Public Instruction 
Mendith Kirkpatrick. bv her parent. Susan Kirkpatrick and Meridith 

Kirkpatrick. IndiMdualK v Lenoir Countv Board of Education 
Brian Allen Hoffman \ Department of Public Instruction 
Alexander &. Linda Brodv & their son. James Brodv v Dare Count\ 

Public Schools 
Jav and Elisabeth Miller v Henderson Countv Public Schools 
Brenda Joyce Brooks Lovelv v State Board of Education 
John G Schaenman \' State Board of Education 
Norman D Crons v State Board of Education 

Paul W Bonham V State Board of Education. Depi of Public Instruction 
Fred W Crawford 11 v CharlotteAMecklenburg Board of Education 
Walter R Bennetts State Board of Education 
Julius O Webb \ Hertford CounP. Board of Education 
Charles Beverly Whitley v State Board of Education 
H Margaret Willetts V Depanment of Public Instruction 
Karen Clark Ceccato v Depanment of Public Instruction 
Carl Smith Herman v State Board of Education 
Clarence Thomas Ford v Depanment of Public Instruction 
CvTithiaChislev \ Cumberland County Board of Education 
Thomas Jenkins (Student). Bemitha Jenkins (Parent) v Ralph Fike Senior 

High. Wilson Countv Public School 



CASE 




DATE OF 


PUBLISHED DECISION 


MMBER 


AU 


DECISION 


REGISTER CIT.4TION 


96 DOJ 0795 


Smith 


06/05/97 




97 DOJ 0476 


Momson 


06/20/97 




97 DOJ 0724 


Gray 


10/06/97 




97 DOJ 0726 


Morrison 


04/09/98 




97 DOJ 0727 


Phipps 


09/11/97 




97 DOJ 0996 


Gray 


10/06/97 




97 DOJ II 94 


Gray 


03/24/98 




97 DOJ 1195 


Reil'lv 


11/03/97 




97 DOJ 1196 


Reilly 


11/03/97 




97 DOJ 1 197 


Gray 


03/24/98 




97 DOJ 1445 


Mann 


01/30/98 




96 EDC 0655 


Mann 


09/02/97 




96 EDC 0766*-' 


Phipps 


I2/II/97 


12 13 NCR 1201 


96 EDC 0808 


Smith 


05/27/97 




96 EDC 0979 


Overby 


06/02/97 




96 EDC 1013 


Gray 


10/24/97 




96 EDC 1095 


Creech 


08/25/97 


12:07 NCR 581 


96 EDC 1708*-" 


Phipps 


12/11/97 


12:13 NCR 1201 


97 EDC 0089 


Momson 


08/01/97 




97 EDC 0095 


Momson 


10/07/97 




97 EDC 0117 


ReilK 


09/23/97 




97 EDC 0343 


Smith 


10/28/97 




97 EDC 0345 


Smith 


10/21/97 




97 EDC 0657 


Smith 


09/29/97 




97 EDC 0736 


Gray 


09/09/97 




97 EDC 0898 


Becton 


12/31/97 




97 EDC 0978 


Phipps 


10/29/97 




97 EDC 0989 


Smith 


09/16/97 




97 EDC 1050 


Becton 


1 0/27/97 




97 EDC 1109 


-Morrison 


04/14/98 




97 EDC 1167 


Gray 


12/29/97 




97 EDC 1550 


Smith 


01/06/98 





STATE PERSONNEL 



Administration 

Paul F Rock \ Dept of .Administration Div of Purchase and Contract 

Brunswick Community College 

Dr Donald W Skinner v Brunswick Community College 

Correaion 

Janice Harding v Department of Conection 

William H Williamson v A K Pruitt. Sup Blanch Youth Inst Conection 

William H Williamson v .A K Pruitt. Sup Blanch Youth Inst. Conection 

Michael McKimmev v Department of Conection 

Pamela Robinson \ Department of Correction 

Pamela Robinson \ Department of Conection 

Ronald C Denton. Sr v Dept of Conection. Western '^'outh Institution 

Stephen Dubay \ Department of Conection 

Rodney Jones. Paula Hawkins. James McKos \ Dept of Conection 

Rodne\ Jones. Paula Hawkins. James McKov \ Dept of Conection 

Rodney Jones. Paula Hawkins. James McKov V Dept of Conection 

Larry Wayne Pruitt. Jr v Department of Conection 

Margaret Martin Roberts v Department of Conection 

William Hershel Bradley v Franklin Freeman. Supt Mark Hughes. 

Grant Spicer. .Asst Supt Wade Hatley. et al. Department of Conection 
Dennis Hanell \ Department of Conection 
Ray Evans Joyner \ Conection. Div of Adult Probation/Parole 
Morton Floyd v New Hanover Department of Conection 
Fannie P Greene \ .Adult Probation. State of NC 
Donald R Webb \ Department of Conection 
William G Jordan V Department of Conection 
Joe Nathan Graham \ Department of Conection 
William A Rich V Dennis Rowland (.Asst Supt ) Wake Con Ctr DOC 
Deborah R Dixon \ Department of Conection 
Tone M Osborne \ Department of Conection 
Stanford R Peerless v Department of Conection 



97 0SP 1404 


Phipps 


97OSP0310 


Phipps 


87OSP1250 


Momson 


93 OSP 0687*" 


Gras 


93 0SP 1379»"' 


Gra\ 


96 OSP 0254 


Reillv 


96 OSP 0403»-'- 


West 


96 OSP 0654*'- 


West 


96 OSP 0773 


Chess 


96 OSP 0896 


Grav 


96 OSP 1051* 


Phipps 


96 OSP 1119*' 


Phipps 


96 OSP 1 120* 


Phipps 


96 OSP 1 1 33 


Grav 


96 OSP 1 1 57 


Reillv 


96 OSP 1 604 


Phipps 


96 OSP 2039 


Chess 


97 OSP 0100 


Becton 


97 OSP 01 52 


Gray 


97 OSP 0261 


Grav 


97 OSP 0302 


Grav 


97 OSP 0469 


Momson 


97 OSP 0539 


Smith 


97 OSP 0542 


Grav 


97 OSP 0594 


Smith 


97 OSP 0601 


Smith 


97 OSP 0636 


Momson 



01/09/98 



06/12/97 



01/12/98 
01/28/98 
01/28/98 
12/18/97 
12/08/97 
12/08/97 
03/10/98 
01/28/98 
08/20/97 
08/20/97 
08/20/97 
08/11/97 
01/26/98 
06/19/97 

06/18/97 
09/18/97 
06/13/97 
11/20/97 
03/12/98 
10/31/97 
01/13/98 
09/02/97 
01/29/98 
10/27/97 
02/25/98 



12:14 NCR 1363 
12:14 NCR 1373 
12 14 NCR 1373 



12:17 NCR 1677 



12.11 NCR 987 



I217NCR 1685 



2185 



NORTH CAROLINA REGISTER 



June I, 1998 



12:23 



CONTESTED CASE DECISIONS 



AGENCY 

Dennis M Butcher v Department of Correction 

Lonnie F McCaskill. Ill v Department of Correction 

William E McCaskill v Department of Correction 

William A Rich v Department of Correction 

Andrew Pinto v Department of Correction 

Regina Draughon v Department of Correction, Duplin Correctional Ctr 

Ronald M Johnson v Emp Rel Comm . DOC (Morrison Youth Inst ) 

Bemie B Kelly v Harr\' Chambers, Department of Correction 

Stanley L Ingram v Department of Correction 

Randy L Tompkins v Department of Correction 

Constance L Hines v Personnel Dept Polk Youth Institute 

Omar J Finley v Dept of Correction, Div of Adult Probation & Parole 

Andrew Pinto v Department of Cortection 

Pamela Denise Hall v Scotland Cortectional Center 

Reginald W Lewis v Piedmont Cort Institute, Mr T Pinion, Cpt, 

K Fry, Sgt, Dancy, SCT, B Crawford 
Donald W. Keith v Department of Correction 
William D Bryant. Jr v Department of Cortection 
Frances A Holden v Lumbenon Correctional Institute 
Thomas Woolndge v Lumberton Cortectional Institute 
Ronald Graham Moore v Department of Correction 
Donald Hargrove v Department of Cortection/Emp Relations Comm 
William G Fisher v Don Peach-Hattie Pimpong, Dept of Correction 
Angela Meeks v John Meiners, DA R T Pasquotank 
Rolander Y Grice, Sr v Dept of Cortection, Division of Prisons Section 

Crime Control and Public Safety 

Timothy M Lassiter v Crime Control & Public Safety, St Hwy Patrol 
Cartoll E Ward v State Highway Patrol 

Employment Security Commission 

Broxie J Nelson v Employment Security Commission 
Sandra T Sheann v Employment Security Commission 
Mary H Ranson v Employment Security Commission 
Cartie F Luther v Employment Security Commission 
Frances P Gray v Employment Security Commission 

Environment, Health, and Natural Resources 

Yin-Pong G, Chang v EHNR. Div Environmental Management 
James Fred Swain v Environment, Health, and Natural Resources 
James S. Kantor v Environment, Health, and Natural Resources 
Dowell Gray v Department of Environment and Natural Resources 
and 
Onslow County Department of Health 
Victor Lail v Department of Environment, Health, and Natural Resources 



CASE 
NUMBER 



97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 
97 0SP 

97 0SP 
97 0SP 
97 0SP 
97 0SP 

97 0SP 

98 0SP 
98 0SP 
98 0SP 
98 0SP 



0745 
0761 
0770 
0853 
0873 
0883 
0940 
0998 
1075 
1110 
1225 
1237 
1261 
1275 
1276 

1294 
1320 
1321 
1401 
1453 
0075 
0117 
0188 
0233 



97 OSP 0423 
97 OSP 0750 



96 OSP 0378 

97 OSP 0293 
97 OSP 0387 
97 OSP 0943 
97 OSP 0948 



95 OSP 0937 

96 OSP 0440 

96 OSP 0633 

97 OSP 0374* 



97 OSP 1602 



ALJ 

Reilly 

Gray 

Becton 

Mann 

Becton 

Phipps 

Gray 

Becton 

Mann 

Smith 

Mann 

Phipps 

Phipps 

Chess 

Smith 

Chess 

Chess 

Becton 

Becton 

Phipps 

Gray 

Mann 

Gray 

Gray 



Phipps 
Mann 



Becton 

Phipps 
Mann 
Mann 
Smith 



Reilly 
Gray 
Smith 
Gray 



Becton 



DATE OF 


PUBLISHED DECISION 


DECISION 


REGISTER CITATION 


12/10/97 




10/02/97 




09/26/97 




12/23/97 




10/31/97 




12/19/97 




10/02/97 




02/03/98 




12/23/97 




12/16/97 




02/11/98 




03/24/98 




02/04/98 




03/05/98 




12/02/97 




01/14/98 




03/05/98 




12/31/97 




12/19/97 




03/12/98 




03/06/98 




03/06/98 




03/26/98 




04/14/98 




10/29/97 




09/16/97 




07/10/97 




01/07/98 




07/24/97 




01/12/98 




01/13/98 




02/18/98 




10/02/97 


12:09 NCR 851 


09/30/97 


12:09 NCR 854 


12/01/97 


12:13 NCR 1222 



04/29/98 



Health and Human Services 

Betty J Souther V New River Area MH/DD/SA Program 94 OSP 0327 Becton 10/20/97 

Kenneth B. Cooper V Piedmont Area Mental Health 95 OSP 03 12 Smith 12/19/97 

Willie D Parks V Cherry Hospital, Department of Human Resources 96OSP0617 Phipps 09/10/97 

Robert Tilson Morley v Department of Human Resources 96 OSP 0969 Gray 08/2 1 /97 

Gale Won-ellsv Department of Human Resources, O'Berry Center 96 OSP 1011 Gray 04/24/98 

Glen Sutton v Cumberland County Department of Social Services 96 OSP 1296 Gray 07/17/97 

BrendaC Burgess V Dept of Human Resources (Broughton Hospital) 96 OSP 1485 Phipps 10/13/97 

Felicia Ann Baker V Lenoir County DSS, Jack B Jones 96 OSP 1664 Becton 12/05/97 

Sharton S Moten V Lenoir County DSS, Jack B Jones 96 OSP 1665 Becton 12/05/97 

Pamela Masseyv Department of Human Resources 96 OSP 1927 Becton 08/28/97 

CliftonDeanHillv Department of Human Resources 97 OSP 0007 Phipps 06/20/97 

Bennie Allen Suttlev Department of Human Resources 97 OSP 0069 Reilly 09/30/97 

Calvin E Kaiser v. Southeastern Mental Health Center 97 OSP 0073 Gray 08/08/97 

SandraRileyv Onslow County Department of Social Services 97 OSP 021 7 Reilly 10/14/97 

Vicky Angel Morgan V Buncombe County Department of Social Services 97 OSP 0283 Becton 10/02/97 

Antoinette Leveillev. Onslow County Department of Social Services 97 OSP 0305 Chess 01/30/98 

Rick A Sanders V Department of Health and Human Services 97 OSP 0307 Reilly 10/16/97 

Troy Gaines v Durham County Mental Health Department 97 OSP 0347 Mann 08/05/97 

Edward Percell Easonv Department of Human Resources 97 OSP 0363 Gray 08/15/97 

Dale Dees V Trend Community Mental Health Services 97 OSP 0402 Mann 11/24/97 

Christine Potter V Department of Human Resources 97 OSP 0481 Gray 03/23/98 

Lisha Dawn Byrd V Human Resources (Western Carolina Center) 97 OSP 0491 Morrison 08/28/97 

Donna Lunsford v Caswell County Public Health Department 97 OSP 0500 Gray 03/1 3/98 

Charles F Fields V Department of Human Resources 97 OSP 0531 Reilly 03/25/98 

Shirlene R Boone v Hertford County Dept/Social Services, Jerome Brown 97 OSP 0595 Chess 04/06/98 

Richard G Steeves v Scotland County Board of Health ' 97 OSP 0622*-' Phipps 1 0/2 1 /97 

Harold Lee Batiste v Department of Human Resources 97 OSP 0655 Reilly 03/31/98 

Antonio A Archibeque v Barbara D Whitley, Dir, Stanly County DSS 97 OSP 0663 Smith 09/02/97 



12:13NCR 1215 
12:06 NCR 497 
12:02 NCR 107 



12:12 NCR 1087 



12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2186 



CONTESTED CASE DECISIONS 



AGENCY 

Theon Shan v Department of Human Resources. Caswell Center 
DHR. Dear& Hard of Hearing CNCSD. Evonne Broadnax v DHR. 

Dear& Hard of Hearing CNCSD 
Richard G Steeves v Scotland Count> Board of Health & Scotland Count> 
Julia R Baker V Union Count\ Department of Social SerMces 
Mar\ E Reed \ Department of Human Resources (Broughton Hospital) 
Katrena Denise Estes v Dept of Health and Human Svcs . Murdoch Ctr 
Fred Foster, Jr v Department of Health and Human Services 
Dexter Taylor \ Department of Health and Human Ser\ ices 
Fred Foster. Jr \ Department of Health and Human SerMces 
Melvin Lee v Department of Health and Human Services 
Fred Foster. Jr v Department of Health and Human Services 
Fred Foster. Jr v Department of Health and Human Services 
Fred Foster. Jr v Department of Health and Human Services 
Fred Foster. Jr v Department of Health and Human Services 
Fred Foster. Jr v Department of Health and Human Services 
Bennie .\\\en v Department of Health and Human Services 
Fred Foster. Jr v Department of Health and Human Services 
Fred Foster. Jr v Department of Health and Human Serv ices 
Tonva Carson v Buncombe Countv Health Center 



Justice 

Elizabeth Rouse Moslev ' 



Department of Justice 



Labor 

Pennv E Leonhardt v Department of Labor 

Public Instruction 

Frances Phillips Melort v Department of Public Instruction 
Dovvell Grav v Department of Environment and Natural Resources 
and 
Onslou County Department of Health 

Transportation 

Tommie R Jones. Samuel W Winstead. Timothy C Sturges. Michael J 

Boone, and Ronnie Batchelorv Dept. of Transportation. Div of Motor 

Vehicles. Enforcement Section 
Tommie R Jones. Samuel W Winstead. Timothv C Sturges. Michael J 

Boone, and Ronnie Batchelor V Dept of Transportation. Div of Motor 

Vehicles. Enforcement Section 
Tommie R Jones. Samuel W Winstead. Timothy C Sturges. Michael J 

Boone, and Ronnie Batchelor V Dept of Transportation. Div of Motor 

Vehicles. Enforcement Section 
Georgia B Warren v Dept of Transportation. Div of Motor Vehicles. 

Enforcement Section 
Tommie R Jones. Samuel W Winstead. Timothv C Sturges. Michael J 

Boone, and Ronnie Batchelor v Dept of Transportation. Div. of Motor 

Vehicles. Enforcement Section 
Tommie R. Jones. Samuel W Winstead. Timothy C Sturges. Michael J 

Boone, and Ronnie Batchelor V Dept of Transportation. Div of Motor 

Vehicles. Enforcement Section 
Evia L Jordan V Dept of Transportation. Division of Motor Vehicles 
Wendell L Webb v Department of Transportation. Ferrv Division 
Wendell L Webb v Department of Transportation. Ferry Division 
Daniel H Spaulding v Department of Transportation 
Frank A Tice. Ill v Department of Transportation 
Carl H Posey. Jr v Department of Transportation 
Rov J Abbott V Department of Transportation 
James French v Department of Transportation 
Nita Anderson v Department of Transportation 

University' of North Carolina 

Boyd S Taylor V NC Central University 

Gregorv Lapicki v East Carolina Universitv 

Diane Riggsbee-Raynor v UNC at Chapel Hill 

Helen Mclntvre v LWC-TV Universitv of North Carolina 

Elaine P Browne v Wmston-Salem State University 

Carol Glosson v University of NC Hospitals at Chapel Hill 

Theresa Rogers v Universirv of NC Hospitals at Chapel Hill 

Ann Meares v NC State University 

Jesse Daniels v East Carolina University 

Dartell J Hampton v NC Central University 

Clinton A Browne v NC A&T State Universitv 

Kenneth L Jarman v East Carolina University 

William A Covinston v NC A&T State Universitv 



CASE 




MMBER 


AU 


97 OSP 0733 


Chess 


97OSP0756 


Becton 


97 OSP 0760»-' 


Phipps 


97 OSP 0783 


Grav 


97 OSP 0907 


Smith 


97 OSP 1168 


Mortison 


97 0SP1287'"' 


Smith 


97 OSP 1638 


Grav 


97 OSP 1653"- 


Smith 


97 OSP 1657 


Smith 


97 OSP 1699»"' 


Smith 


97 OSP 1700*'' 


Smith 


97 OSP 1701*''" 


Smith 


97 OSP 1702*'" 


Smith 


98 OSP 0040»"' 


Smith 


98 OSP 0043 


Grav 


98 OSP 0077*" 


Smith 


98OSP0187'"' 


Smith 


98 OSP 0251 


Smith 


96 OSP 2008 


Momson 


97 OSP 1088 


Chess 


95 OSP 0907 


Trawnck 


97 OSP 0374*" 


Grav 



DATE OF 
DECISIO-N 

04/29/98 
09/03/97 

03/06/98 
10/13/97 
02/05/98 
03/31/98 
03/19/98 
04/24/98 
03/17/98 
02/18/98 
03/17/98 
03/19/98 
03/19/98 
03/17/98 
03/19/98 
03/10/98 
03/1 7/98 
03/19/98 
04/16/98 



03/26/98 



03/05/98 



06/09/97 
12/01/97 



PUBLISHED DECISION 
REGISTER C1T.4TION 



12 13 NCR 1222 



96 OSP 078 1*-' 


Phipps 


11/13/97 


12 11 NCR 


979 


96OSP0782*-' 


Phipps 


11/13/97 


12.11 NCR 


979 


96 OSP 0783*" 


Phipps 


11/13/97 


12.11 NCR 


979 


96 OSP 0784*=" 


Phipps 


11/13/97 


12:11 NCR 


979 


96 OSP 0785*=" 


Phipps 


11/13/97 


12 11 NCR 


979 


96 OSP 0786*-' 


Phipps 


11/13/97 


12:11 NCR 


979 


96 OSP 0980 


Phipps 


04/07/98 






96 OSP 17I0*--' 


Phipps 


10/31/97 






97 OSP 0198*-' 


Phipps 


10/31/97 






97 OSP 0221 


Becton 


02/26/98 


12 18NCR 


1742 


97 OSP 0380 


Mann 


09/05/97 






97 OSP 0486 


Grav 


03/04/98 






97 OSP 0697 


Momson 


12/05/97 






97 OSP 1252 


Smith 


12/16/97 






97 OSP 1515 


Phipps 


03/09/98 






94 OSP 0363 


Chess 


09/12/97 






94 OSP 1721 


Reilly 


02/11/98 






96 OSP 0326 


Chess 


06/04/97 


12 01 NCR 


39 


96 OSP 0822 


Grav 


09/26/97 






96 OSP 1007 


Reiily 


09/24/97 






96 OSP 1015 


Becton 


10/08/97 






96 OSP 1065 


Momson 


10/23/97 






96 OSP 1870 


Chess 


09/22/97 






97 OSP 0123 


Mortison 


01/13/98 






97 OSP 0155 


Mann 


08/11/97 






97 OSP 0199 


Phipps 


09/18/97 






97 OSP 0249 


Gray 


09/26/97 






97 OSP 0686 


Becton 


08/29/97 







. 



2187 



NORTH CAROLINA REGISTER 



June 7. 1998 



12:23 



CONTESTED CASE DECISIONS 



AGENCY 

Beth W Vinson v Western Carolina University 

Viola Simmons v, UNC-Wilmington 

Helen McInt>Te v UNC-TV University of North Carolina 

Johnny Johnson, Jr. v A&T St University. Student Union Grievance Bd 

Helen Mclntyre v UNC-TV University of North Carolina 

Synthia Shaw v LfNC at Chapel Hill School of Medicine 

E Julius Carter v LrNC-Greensboro 

Kevin K KatTenberger v. University of North Carolina Chapel Hill 

Betty M Burnett v University of North Carolina Hospitals 

Cindy Hartzell v N C S U Facilities Operations 

Eduard L Chatman v, UNC Hospital Marriot 

Winifred Bird v University of NC Hospitals at Chapel Hill 

William Gibbs v University of NC Hospitals at Chapel Hill 

Sharon McLawhom v. East Carolina University 

Donna M VanHook v. University of NC Hospitals at Chapel Hill 

Tianyou Zheng v University of NC at Chapel Hill 

James Mathis. Jr v. University of NC Wilmington 

Alonzo Andreus. Jr v Fayetteville State University 

REVEME 

Arapahoe Charter Schools v Department of Revenue 

SECRETARY OF STATE 

Greenway Capital Corp & Stacey Lee Davis v Securities Div SecV/State 
Teresa M Coltrain v Secretary of State 

STATE TREASITRER 

Shelby H Undenvood, et al v. Trustees Teachers/St Emp Ret Sys. 
Richard Albert Jose v. State Treasurer Retirement Systems Div 
Annie Tharrington Harrington v Trustees Teachers/St Emp Ret Sys 
Linda Gail Swaim v Dept of State Treasurer. Retirement System Div 
and 
Lisa Jenkins 



CASE 




DATE OF 


PI BLISHED DECISION 


NIIMBER 


AU 


DECISION 


REGISTER CITATION 


97 OSP 0762 


Phipps 


10/10/97 




97OSP0859 


Gray 


11/18/97 




97 OSP 0991 


Gray 


09/26/97 




97 OSP 1060 


Phipps 


03/17/98 




97 OSP 1148 


Gray 


10/16/97 




97 OSP 1171 


Morrison 


03/11/98 




97 OSP 1202 


Phipps 


11/05/97 




97 OSP 1249 


Mann 


02/13/98 




97 OSP 1272 


Phipps 


02/26/98 




97 OSP 1299 


Phipps 


02/13/98 




97 OSP 1384 


Phipps 


01/20/98 




97 OSP 1413 


Phipps 


01/12/98 




97 OSP 1559 


Gray 


03/06/98 




97 OSP 1560 


Phipps 


02/05/98 




97 OSP 1581 


Gray 


04/01/98 




97 OSP 1675 


Phipps 


04/03/98 


1221 NCR 1970 


97 OSP 1690 


Chess 


03/26/98 




98OSP0I5I 


Phipps 


03/27/98 




97 REV 1696 


Reilly 


03/27/98 




94 SOS 0097 


Gray 


10/28/97 




97 SOS 0499 


Reilly 


10/22/97 


12:10NCR 914 


96 DST 0390 


Reilly 


08/05/97 




97DST0281 


Reilly 


10/02/97 




97 DST 0866 


Mann 


01/15/98 


12:15 NCR 1468 


97 DST 1373 


Smith 


03/23/98 


12:20 NCR 1865 



TRANSPORTATION 

Audrey W Hams \ Transportation. MansonAVheat Contr . & Wake Elec 
Terrance E McEnally. Ill v Division of Motor Vehicles 

I NIVERSITV OF NORTH CAROLINA 

Clinton S. Rogers v UNC-Chapel Hill 



97 DOT 0566 


Gra\ 


07/28/96 




98 DOT 0445 


Morrison 


04/16/98 


12:21 NCR 1975 


97 UNC 1062 


Becton 


10/31/97 





12:23 



NORTH CAROLINA REGISTER 



June 1, 1998 



2188 



mtssmmm^^mmsam 



SORTH CAROLINA ADMINISTR.4TIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. The other two. subchapters and sections are optional subdivisions to 
be used by agencies when appropriate . 



TITLE/MAJOR DFV ISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


■) 


Agriculture 


Architecture 


2 


3 


Auditor 


Athletic Trainer Examiners 


3 


4 


Commerce 


Auctioneers 


4 


5 


Correction 


Barber Examiners 


6 


6 


Council of State 


Certified Public Accountant Examiners 


8 


7 


Cultural Resources 


Chiropractic Examiners 


10 


8 


Elections 


Employee Assistance Professionals 


11 


9 


Governor 


General Contractors 


12 


10 


Health and Human Sen ices 


Cosmetic .Art Examiners 


14 


11 


Insurance 


Dental Examiners 


16 


12 


Justice 


Dietetics 'Nutrition 


17 


13 


Labor 


Electrical Contractors 


18 


14A 


Crime Control & Public Safet>- 


Electrolysis 


19 


15A 


Environment and Natural 


Foresters 


20 




Resources 


Geologists 


21 


16 


Public Education 


Hearing Aid Dealers and Fitters 


2'> 


P 


Revenue 


Landscape .Architects 


26 


18 


Secretar. of State 


Landscape Contractors 


28 


19A 


Transportation 


Marital and Famih Therapy 


31 


20 


Treasurer 


Medical Examiners 


32 


*21 


Occupational Licensing Boards 


Midwifery Joint Committee 


33 


22 


AdministratiNe Procedures 


Mortuary Science 


34 


23 


Communit> Colleges 


Nursing 


36 


24 


Independent Agencies 


Nursing Home .Administrators 


37 


25 


State Personnel 


Occupational Therapists 


38 


26 


Administrati\ e Hearings 


Opticians 


40 


27 


NC State Bar 


Optometry 


42 






Osteopathic Examination & Reg. (Repealed) 


44 






Pastoral Counselors. Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






PsychologN Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate .Appraisal Board 


57 






Real Estate Commission 


58 






Refi-igeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & .Audiologists 


64 






Substance .Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






\eierinar\ Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



2189 



NORTH CAROLINA REGISTER 



June 1, 1998 



12:23 



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Office of Administrative Hearings 

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